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CITY OF MINOT v. CENTRAL AVE. NEWS, INC.

Civ. No. 10203.

325 N.W.2d 243 (1982)

The CITY OF MINOT, a municipal corporation and political subdivision of the State of North Dakota; and the State of North Dakota ex rel. Carroll Erickson, Plaintiffs and Appellees, v. CENTRAL AVENUE NEWS, INC., a foreign corporation and Donald G. Gittelson, Defendants and Appellants.

Supreme Court of North Dakota.

October 20, 1982.

Attorney(s) appearing for the Case

Eaton, Van de Streek & Ward, Minot, for plaintiffs and appellees; argued by Nevin Van de Streek, Minot.

Timothy J. Austin, Mandan and Arthur M. Schwartz, Denver, Colo., argued, for defendants and appellants.

PEDERSON, Justice.

This case, in addition to all other things that it may stand for, illustrates at least some of the evils that flow from thoughtless bifurcation or trifurcation of actions. Central is here for the second time, opposing Minot's efforts to regulate adult bookstore operations. Even though it might have been contended when this case was previously here that the matter was not ripe for a final determination, we nevertheless answered Central's constitutional...

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