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DEJA VU OF CINCINNATI, L.L.C. v. UNION TP.

Nos. 00-4420, 00-4529.

326 F.3d 791 (2003)

DEJA VU OF CINCINNATI, L.L.C., Plaintiff-Appellant/Cross-Appellee, v. The UNION TOWNSHIP BOARD OF TRUSTEES, et al., Defendants-Appellees, Attorney General of the State of Ohio, Intervenor-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed April 24, 2003.

Attorney(s) appearing for the Case

H. Louis Sirkin (argued and briefed), Laura A. Abrams, Jennifer M. Kinsley, Sirkin, Pinales, Mezibov & Schwartz, Cincinnati, OH, Bradley J. Shafer (argued and briefed), Andrew K. Wilkins, Shafer & Associates, Lansing, MI, for Plaintiff-Appellant Cross-Appellee.

Lawrence Edward Barbiere (argued and briefed), Schroeder, Maundrell, Barbiere & Powers, Cincinnati, OH, for Defendants-Appellees.

Sharon A. Jennings (argued and briefed), Office of the Attorney General of Ohio, Columbus, OH, Darrell M. Pierre, Jr. (briefed), Office of the Attorney General, Columbus, OH, for Intervenor-Appellee Cross-Appellant.

Before: CLAY and GILMAN, Circuit Judges; HAYNES, District Judge.

CLAY, J., delivered the opinion of the court, in which HAYNES, D.J., joined. GILMAN, J. (pp. 810-813), delivered a separate opinion concurring in part and dissenting in part.

OPINION

CLAY, Circuit Judge.

Deja Vu of Cincinnati, L.L.C. operates an adult cabaret in Union Township, Clermont County, Ohio ("the Township"). In 1999, the Township enacted an ordinance (locally known as a resolution) in an attempt to minimize the adverse secondary effects...

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