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NORTHCREST THEATRE, INC. v. CITY OF ROCHESTER HILLS

No. 88-CV-74421-DT.

710 F.Supp. 1138 (1989)

NORTHCREST THEATRE, INC., a Michigan corporation, Plaintiff, v. CITY OF ROCHESTER HILLS, a municipal corporation, Defendant.

United States District Court, E.D. Michigan, S.D.

April 27, 1989.

Attorney(s) appearing for the Case

Lee J. Klein, Durand, Mich., for plaintiff.

Lawrence R. Ternan, Bloomfield Hills, Mich., and Patricia Irving-Cwiek, Detroit, Mich., for defendant.

OPINION

GILMORE, District Judge.

Northcrest Theatre filed suit seeking an injunction against the City of Rochester Hills (City) to prohibit it from enforcing its zoning ordinance, and a declaratory judgment stating that the ordinance is unconstitutional.

Plaintiff presents and exhibits live nude dancing performances "which involve partial or total nudity and are of a non-obscene nature." Plaintiff also sells various items that are germane to its...

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