Z.J. GIFTS D-2, L.L.C. v. CITY OF AURORA

No. 96-1483.

136 F.3d 683 (1998)

Z.J. GIFTS D-2, L.L.C., doing business as Christie's, an Oklahoma limited partnership, Plaintiff-Counter-Defendant-Appellee, v. CITY OF AURORA, an Incorporated Municipality, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 10, 1998.


Attorney(s) appearing for the Case

Charles H. Richardson (Teresa Kinney, Office of the Aurora City Attorney, Aurora, CO, and Barry Arrington, Law Offices of Barry K. Arrington, P.C., Denver, CO, with him on the briefs), Office of the Aurora City Attorney, Aurora, CO, for Defendant-Counter-Claimant-Appellant.

Michael Gross (Arthur M. Schwartz with him on the briefs), Arthur M. Schwartz, P.C., Denver, CO, for Plaintiff-Counter-Defendant-Appellee.

Before ANDERSON, KELLY, and HENRY, Circuit Judges.


PAUL KELLY, JR., Circuit Judge.

Defendant/Counterclaimant-appellant, the City of Aurora, appeals from the district court's grant of summary judgment in favor of Plaintiff/Counterdefendant-appellee Z.J. Gifts. The district court invalidated a city zoning regulation requiring sexually oriented businesses to locate in industrially-zoned areas and enjoined its enforcement against Z.J. Gifts. Interpreting federal constitutional...

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