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TEXAS NAT. THEATRES v. CITY OF ALBUQUERQUE

No. 13463.

639 P.2d 569 (1982)

TEXAS NATIONAL THEATRES, INC., Plaintiff-Appellant, v. CITY OF ALBUQUERQUE, et al., Defendants-Appellee.

Supreme Court of New Mexico.

Rehearing Denied January 20, 1982.

Attorney(s) appearing for the Case

Michael E. Vigil and Jeffrey Libit, Albuquerque, Arthur M. Schwartz, Denver, Colo., for plaintiff-appellant.

Pat Bryan, City Atty., Anita P. Miller, Asst. City Atty., Albuquerque, for appellees.

OPINION

SOSA, Senior Justice.

This is an appeal from the district court's order granting a permanent injunction against plaintiff-appellant Texas National Theatres, Inc. (TNT), prohibiting it from operating the 66 Drive-In Theatre (66) as an "adult theater" until such time as the 66 is granted a special use permit by defendant-appellee City of Albuquerque (City).

The property on which the 66 is located was zoned Special Use (SU-1) as a drive-in theatre...

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