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CITY OF GREAT FALLS v. M.K. ENTERPRISES, INC.

No. 86-273.

732 P.2d 413 (1987)

CITY OF GREAT FALLS, Montana, a municipal corporation, Plaintiff and Respondent, v. M.K. ENTERPRISES, INC., a corporation, Tim Wolf and Robert Wolf, individuals, d/b/a Red Door Adult Book Store, et al., Defendants and Appellants.

Supreme Court of Montana.

Submitted December 9, 1986.

Attorney(s) appearing for the Case

Goldman & Goldman; Bernard J. Goldman argued, Missoula for M.K. Enterprises & Treasure State Sales.

Datsopoulos, MacDonald & Lind; Edward A. Murphy argued, Missoula for Wolf d/b/a Red Door Adult Book Store.

David Gliko argued, City Atty., Great Falls, for plaintiff and respondent.

WEBER, Justice.

This is an appeal from an Eighth Judicial District, Cascade County decision upholding the constitutionality of a Great Falls city ordinance. The ordinance establishes a $300 per booth annual license fee on video booths used to view adult movies. We affirm.

The issue is whether the trial court erred in concluding that the $300 annual fee for adult movie video booths was reasonable as a regulatory measure...

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