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HOLMBERG v. CITY OF RAMSEY

No. 92-3897.

12 F.3d 140 (1993)

Larry HOLMBERG; Amusement Center, Inc., a Minnesota corporation, Appellants, v. CITY OF RAMSEY, a municipal corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 30, 1993.

Rehearing and Suggestion for Rehearing Denied February 10, 1994.

Attorney(s) appearing for the Case

Randall D.B. Tigue, Minneapolis, MN, argued, for appellants.

James J. Thompson, Minneapolis, MN, argued, for appellee.

Before FAGG, MAGILL, and HANSEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied February 10, 1994.

FAGG, Circuit Judge.

Larry Holmberg owns and operates an adults-only business that deals in sexually explicit materials protected under the First Amendment. Holmberg brought this action against the City of Ramsey challenging the constitutionality of the City's zoning ordinance, which requires Holmberg to relocate his business because the business is located within 1000 feet of a day-care...

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