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SPOKANE v. J-R DISTRIBUTORS

No. 45291.

90 Wn.2d 722 (1978)

585 P.2d 784

THE CITY OF SPOKANE, Appellant, v. J-R DISTRIBUTORS, INC., Respondent.

The Supreme Court of Washington, En Banc.

October 19, 1978.

Attorney(s) appearing for the Case

Richard F. Wrenn, Corporation Counsel, John J. Madden, Acting Corporation Counsel, and Greg Smith and Emmett J. Shearer, Assistants, for appellant.

Victor V. Hoff, for respondent.

Donald C. Brockett, Prosecuting Attorney for Spokane County, on behalf of Washington Association of Prosecuting Attorneys, Slade Gorton, Attorney General, and Thomas F. Carr, Assistant, amici curiae.

HICKS, J.

The City of Spokane appeals from an order dismissing its action under ordinance No. C-23398 to abate a "moral nuisance" at respondent's adult bookstores. We accepted direct review and we affirm.

In August 1976, Spokane enacted ordinance No. C-23398, which declares lewd or obscene publications and films and the places where they are sold or exhibited to be "moral nuisances". The ordinance provides specific...

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