ALEXANDER v. CITY OF MINNEAPOLIS

No. 82-1385.

698 F.2d 936 (1983)

Ferris J. ALEXANDER, Benedict Jochim, and Vegas Cinema Corporation of Minneapolis, Inc., d/b/a Avalon Theatre, Appellees, v. CITY OF MINNEAPOLIS, a municipal corporation; William A. Nordrum, Jr., individually and as Zoning Supervisor for the City of Minneapolis; and Anthony Bouza, individually and as Chief of Police of the City of Minneapolis, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided January 28, 1983.

As Amended February 23, 1983.


Attorney(s) appearing for the Case

John H. Weston, Robert A. DePiano, Brown, Weston & Sarno, Beverly Hills, Cal., for appellee Vegas Cinema Corp.

Robert J. Alfton, City Atty., by Allen B. Hyatt, Asst. City Atty., Minneapolis, Minn., for appellants.

Randall D.B. Tigue, Minneapolis, Minn., for appellees Alexander and Jochim.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and ARNOLD, Circuit Judge.


ARNOLD, Circuit Judge.

The District Court1 held, in a suit for declaratory and injunctive relief brought by owners and operators of "adult" movies and bookstores, that Minneapolis Code of Ordinances § 540.410, a zoning ordinance, violated the First and Fourteenth Amendments. Alexander v. City of Minneapolis, 531 F.Supp. 1162 (D.Minn.1982). Section 540.410 attempted to regulate the establishment...

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