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754 ORANGE AVE., INC. v. CITY OF WEST HAVEN, CONN.

No. 855, Docket 84-7893.

761 F.2d 105 (1985)

754 ORANGE AVE., INC., Appellee, v. CITY OF WEST HAVEN, CONNECTICUT, Daniel Krevolin, individually and as Zoning Enforcement Officer for the City of West Haven; Steven Di Pier, individually and as Building Official for the City of West Haven; Michael N. D'Errico, individually and as Chief of Police of the City of West Haven; Lawrence Minichino, individually and as Mayor of the City of West Haven, Appellants.

United States Court of Appeals, Second Circuit.

Decided April 30, 1985.

Attorney(s) appearing for the Case

Jonathan Einhorn, Corp. Counsel, City of West Haven, Conn. (Timothy Pothin, Law Clerk, City of West Haven, Conn., on the brief), for appellants.

Daniel A. Silver, New Britain, Conn. (Alvin Pudlin, Pudlin & Silver, New Britain, Conn., on the brief), for appellee.

Before OAKES, MESKILL, and PIERCE, Circuit Judges.

OAKES, Circuit Judge:

This case comes to us in a somewhat confused posture. The parties' briefs refer to zoning ordinances, to a licensing and permit ordinance, and to a building permit, all of which bear on the proposed operation of an "adult bookstore" that would offer "sexually explicit books and magazines" and include coin-operated viewing machines exhibiting "sexually explicit films." Appeal is by the City of West Haven, Connecticut ("the City"), from the grant...

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