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ILQ INVESTMENTS, INC. v. CITY OF ROCHESTER

No. 93-1925.

25 F.3d 1413 (1994)

ILQ INVESTMENTS, INC., a Minnesota corporation; Excalibur Group, Inc., a Minnesota corporation, Plaintiffs-Appellees, v. CITY OF ROCHESTER, a municipal corporation, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 15, 1994.

Attorney(s) appearing for the Case

James J. Thomson, Minneapolis, MN, argued, for appellant.

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

Before LOKEN, Circuit Judge, HEANEY, Senior Circuit Judge, and HANSEN, Circuit Judge.

LOKEN, Circuit Judge.

Rochester is a city of 75,000 people in southern Minnesota. In April 1988, Rochester enacted Ordinance No. 2590, a zoning ordinance that defines and restricts the location of "adult establishment uses." In this case, the district court has preliminarily enjoined enforcement of Ordinance No. 2590 against a newly-opened adult bookstore in downtown Rochester. See ILQ Invs., Inc. v. City of Rochester...

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