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VOYEUR DORM, L.C. v. CITY OF TAMPA, FL

No. 00-16346.

265 F.3d 1232 (2001)

VOYEUR DORM, L.C., a Florida limited liability company, Entertainment Network, Inc., a Florida corporation, et al., Plaintiffs-Appellants, Dan Marshlack, Sharon Gold Marshlack, Plaintiffs, v. CITY OF TAMPA, FL, a Florida municipal corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 21, 2001.

Attorney(s) appearing for the Case

Luke Charles Lirot, Luke Charles Lirot, P.A., Tampa, FL, for Plaintiffs-Appellants.

Jerry M. Gewirtz, Tampa, FL, for Defendant-Appellee.

Before TJOFLAT, DUBINA and DUHE, Circuit Judges.

DUBINA, Circuit Judge:

This appeal arises from Voyeur Dorm L.C.'s ("Voyeur Dorm") alleged violation of Tampa's City Code based on the district court's characterization of Voyeur Dorm as an adult entertainment facility. Because we conclude the district court misapplied Tampa's City Code when it erroneously found that Voyeur Dorm offered adult entertainment to the public at the residence in question, we reverse the judgment of the district court.

I. BACKGROUND...

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