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BIG DIPPER ENTERTAINMENT, L.L.C. v. CITY OF WARREN

No. 09-2339.

641 F.3d 715 (2011)

BIG DIPPER ENTERTAINMENT, L.L.C.; Aquarius Investments, L.L.C., Plaintiffs-Appellants, v. CITY OF WARREN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 13, 2011.

Attorney(s) appearing for the Case

ARGUED: Susan Leigh Brown , Schwartz Law Firm, P.C., Farmington Hills, Michigan, for Appellants. Raechel M. Badalamenti , Kirk & Huth, P.C., Clinton Township, Michigan, for Appellee. ON BRIEF: Susan Leigh Brown , Jay A. Schwartz , Schwartz Law Firm, P.C., Farmington Hills, Michigan, for Appellants. Raechel M. Badalamenti , Robert S. Huth, Jr. , Kirk & Huth, P.C., Clinton Township, Michigan, for Appellee.

KETHLEDGE, J., delivered the opinion of the court, in which NORRIS, J., joined. COLE, J. (pp. 722-26), delivered a separate dissenting opinion.

OPINION

KETHLEDGE, Circuit Judge.

Big Dipper Entertainment and Aquarius Investments (collectively, "Big Dipper") brought this § 1983 action against the city of Warren, Michigan, challenging certain ordinances that regulate the licensing and location of sexually oriented businesses. The district court granted Warren's motion for summary judgment. On appeal, Big Dipper argues primarily that Warren's restrictions upon the location of adult businesses are...

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