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LILLY v. CITY OF SALIDA

No. CIV.A.00-M-1357.

192 F.Supp.2d 1191 (2002)

Brett R. LILLY; Maryann Baumann; Plaintiffs, v. The CITY OF SALIDA, By and Through the CITY COUNCIL OF SALIDA; Monica Griesenbeck, in Her Official Capacity as a Member of the City Council of Salida, and Individually, Defendants.

United States District Court, D. Colorado.

March 19, 2002.

Attorney(s) appearing for the Case

John Stuart Zakhem, Doyle, Zakhem, Suhre & Lilly, LLC, Denver, CO, for Plaintiffs.

Sara A. Ludke, Vaughan & DeMuro, Colorado Springs, CO, for Defendants.

ORDERS ON CROSS MOTIONS FOR SUMMARY JUDGMENT

MATSCH, District Judge.

This is an action for declaratory judgment and for damages under 42 U.S.C. § 1983 on the plaintiffs' claims that their business enterprise, Flour of Life, LLC ("Flour of Life") was destroyed by threatened enforcement of an ordinance of the City of Salida regulating amplified sound which, both facially and as applied, violated the freedom of expression protected by the First Amendment...

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