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COUNTY OF BENTON v. KISMET INVESTORS, INC.

No. CX-02-984.

653 N.W.2d 193 (2002)

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

Court of Appeals of Minnesota.

November 19, 2002.

Attorney(s) appearing for the Case

Robert J. Raupp, Benton County Attorney, Benton County Courts Facility, Foley, MN, for respondent.

Randall D.B. Tigue, Randall Tigue Law Office, P.A., Minneapolis, MN, for appellant.

Considered and decided by STONEBURNER, Presiding Judge, KALITOWSKI, Judge, and HALBROOKS, Judge.

OPINION

KALITOWSKI, Judge.

Appellant Kismet Investors, Inc. challenges the district court's grant of summary judgment to respondent Benton County. The district court determined that appellant's nude-dancing establishment, King's on the Lake, is an "adult use" within the meaning of the Benton County Development Code. The district court also concluded that Minn.Stat. § 394.21, subd. 1a, does not violate the First Amendment and that King's on the Lake...

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