HOWARD OPERA HOUSE ASSOC. v. URBAN OUTFITTERS

No. 2:99-CV-140.

131 F.Supp.2d 559 (2001)

HOWARD OPERA HOUSE ASSOCIATES and O'Neill, Crawford & Green, P.C., Plaintiffs, v. URBAN OUTFITTERS, INC., Defendant.

United States District Court, D. Vermont.

February 2, 2001.


Attorney(s) appearing for the Case

Thomas D. Anderson, Sheehey, Furlong, Rendall & Behm, Burlington, VT, for Howard Opera House Associates, plaintiff.

Peter B. Joslin, Barbara Ruth Blackman, Theriault & Joslin, Montpelier, VT, Geoffrey W. Crawford, O'Neill, Crawford & Green, Burlington, VT, for O'Neill, Crawford & Green, P.C., plaintiff.

Marc Burns Heath, Downs, Rachlin & Martin, P.C., Burlington, VT, for Urban Outfitters, Inc., defendant.

Eugene M. Bergman, City Attorney's Office, Burlington, VT, for Burlington, VT, City of, intervenor-plaintiff.


OPINION AND ORDER

SESSIONS, District Judge.

Defendant Urban Outfitters Inc. ("Urban Outfitters") has moved for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure, seeking dismissal of Count II of Plaintiffs' amended complaint, on the grounds that the City of Burlington's ("City's") noise ordinance is unconstitutional, facially and as applied. For the reasons that...

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