NAKATOMI INV., INC. v. CITY OF SCHENECTADY

No. 96-CV-1226.

949 F.Supp. 988 (1997)

NAKATOMI INVESTMENTS, INC., and AEB Enterprises, Inc., Plaintiffs, v. CITY OF SCHENECTADY; Albert Jurczynski, Mayor of Schenectady; James Kalohn, Zoning Officer; James Pone, Building Inspector; and Michael Moffitt and Gregory T. Kaczmarek, Police Chiefs, Defendants.

United States District Court, N.D. New York.

January 7, 1997.


Attorney(s) appearing for the Case

Office of David Brickman (David Brickman, of counsel), Albany, for Plaintiffs.

Corporation Counsel for the City of Schenectady (L. John Van Norden, of counsel), Schenectady, for Defendants.


MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND

This is a case about non-obscene nude dancing. At issue is Plaintiffs Nakatomi Investments and AEB Enterprises' desire to operate clubs, within the City of Schenectady, that feature nude and topless dancers.

The City of Schenectady ("City") has two local laws that govern Plaintiffs' business activities. The City's Public Amusement...

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