STEAKHOUSE, INC. v. CITY OF RALEIGH

No. 97-2341.

166 F.3d 634 (1999)

STEAKHOUSE, INCORPORATED, a Florida corporation; Investment Partners, Incorporated, a Florida corporation, Plaintiffs-Appellants, v. The CITY OF RALEIGH, NORTH CAROLINA, a North Carolina municipal corporation; Raleigh Board of Adjustment, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 21, 1999.


Attorney(s) appearing for the Case

ARGUED: David Alan Wasserman, Winter Park, Florida, for Appellants. Dorothy K. Woodward, Associate City Attorney, City of Raleigh, Raleigh, North Carolina; John M. Silverstein, SATISKY & SILVERSTEIN, Raleigh, North Carolina, for Appellees. ON BRIEF: Thomas Franklin Loflin, III, LOFLIN & LOFLIN, Durham, North Carolina, for Appellants. Thomas A. McCormick, City Attorney, City of Raleigh, Raleigh, North Carolina, for Appellees.

Before WILKINSON, Chief Judge, and HAMILTON and DIANA GRIBBON MOTZ, Circuit Judges.


Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge HAMILTON and Judge MOTZ joined.

OPINION

WILKINSON, Chief Judge:

Steakhouse, Incorporated seeks to construct a topless dancing bar in Raleigh, North Carolina. It challenges the City's special use permit procedure for adult establishments. Steakhouse brought suit in federal district court claiming that the permit procedure is an unconstitutional prior restraint....

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