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CITY OF CRYSTAL v. FANTASY HOUSE, INC.

No. C3-97-96.

569 N.W.2d 225 (1997)

CITY OF CRYSTAL, Appellant, v. FANTASY HOUSE, INC., d/b/a Fantasy Gifts, et al., Respondents.

Court of Appeals of Minnesota.

Review Denied November 18, 1997.

Attorney(s) appearing for the Case

James J. Thomson, Daniel J. Greensweig, Kennedy & Graven, Chartered, Minneapolis, George C. Hoff, Hoff, Barry & Kuderer, P.A., Eden Prairie, for appellant.

David Gronbeck, Law Offices of David Gronbeck, Minneapolis, for respondents.

Carla J. Heyl, St. Paul, for amicus curiae League of Minnesota Cities.

Randall D.B. Tigue, Minneapolis, for amicus curiae Minnesota Civil Liberties Union.

Considered and decided by HUSPENI, P.J., and KALITOWSKI and THOREEN, JJ.

OPINION

HUSPENI, Judge.

Respondent Fantasy House, Inc. opened an adult novelty business in appellant City of Crystal in violation of Crystal's interim ordinance that bans adult establishments. Crystal brought a motion for declaratory judgment claiming that Fantasy House violated the ordinance and seeking to enjoin Fantasy House from operating its business in Crystal. Fantasy House, in turn, alleged that both Ordinance No. 95-11 (interim ordinance) and the...

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