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CINEMA ARTS, INC. v. COUNTY OF CLARK

No. 82-5076.

722 F.2d 579 (1983)

CINEMA ARTS, INC., a Nevada Corporation, Plaintiff-Appellant, v. The COUNTY OF CLARK and the Board of County Commissioners of Clark County, Nevada, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 30, 1983.

Attorney(s) appearing for the Case

Alan B. Andrews, Las Vegas, Nev., Arthur M. Schwartz, Denver, Colo., for plaintiff-appellant.

John Whisenhunt, Las Vegas, Nev., for defendants-appellees.

Before POOLE and BOOCHEVER, Circuit Judges, and McNICHOLS, District Judge.

POOLE, Circuit Judge:

Cinema Arts appeals from a district court order abstaining from the exercise of jurisdiction over Cinema Arts' action against Clark County. We reverse and remand.

The Clark County Adult Use Ordinance1 (the Ordinance) restricts the location of all "adult uses"2 to a C-2 zoned area. Within the C-2 area no adult use is permitted within a three-hundred foot radius of another existing...

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