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KISMET INVESTORS, INC. v. COUNTY OF BENTON

No. C9-00-65.

617 N.W.2d 85 (2000)

KISMET INVESTORS, INC., Appellant, v. COUNTY OF BENTON, Respondent.

Court of Appeals of Minnesota.

Review Denied November 15, 2000.

Attorney(s) appearing for the Case

Randall D.B. Tigue, Randall Tigue Law Office, Minneapolis, for appellant.

Kenneth H. Bayliss III, Quinlivan & Hughes, St. Cloud, for respondent.

Considered and decided by LANSING, Presiding Judge, KLAPHAKE, Judge, and PETERSON, Judge.

OPINION

LANSING, Judge

Kismet Investors, Inc., appeals the district court's decision affirming Benton County's denial of Kismet's application for a variance to allow King's on the Lake, an adult cabaret, to continue operating in its existing location. Kismet also appeals from the court's summary judgment that the Benton County ordinance making King's an unlawful use does not violate the First Amendment. Because we conclude that the county reasonably denied...

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