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KALITA v. CITY OF DETROIT

Docket No. 17790.

57 Mich. App. 696 (1975)

226 N.W.2d 699

KALITA v. CITY OF DETROIT

Michigan Court of Appeals.

Decided January 27, 1975.

Attorney(s) appearing for the Case

Bruce L. Randall, for plaintiffs.

Elliott S. Hall, Corporation Counsel, and Thomas H. Gallagher, William P. Doran, Peter A. Letzmann, and Geoffrey S. Taft, Assistants Corporation Counsel, for defendants.

Before: BASHARA, P.J., and DANHOF and VAN VALKENBURG, JJ.

Leave to appeal applied for.

DANHOF, J.

Plaintiffs are owners or operators of adult bookstores located in the City of Detroit. They were cited for violating a municipal ordinance, § 39-1-50 of the Code of the City of Detroit, which regulates the distribution of "sex inciting devices or contrivances", and other related products. Plaintiffs thereupon brought an action seeking a declaratory judgment that the ordinance is unconstitutional, and a permanent...

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