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PAO XIONG v. CITY OF MOORHEAD, MINN.

Civil No. 08-27 (DWF/RLE).

641 F.Supp.2d 822 (2009)

PAO XIONG d/b/a Huff & Puff Tobacco, Plaintiff, v. CITY OF MOORHEAD, MINNESOTA, a municipal corporation, Defendant.

United States District Court, D. Minnesota.

February 9, 2009.

Attorney(s) appearing for the Case

Jeff Scott Olson, Esq., The Jeff Scott Olson Law Firm, SC; and Randall D.B. Tigue, Esq., Randall Tigue Law Offices, PA, for Plaintiff.

James J. Thomson, Esq., and Mary D. Tietjen, Esq., Kennedy & Graven, Chartered, for Defendants.

MEMORANDUM OPINION AND ORDER

DONOVAN W. FRANK, District Judge.

INTRODUCTION

This matter is before the Court upon a Motion for Summary Judgment brought by the Defendant City of Moorhead, Minnesota (the "City"). For the reasons set forth below, the Court grants in part and denies in part the City's motion.

BACKGROUND

In January 2007, the City adopted municipal ordinance number 10-23-3, which governs the zoning for adult establishments...

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