EXECUTIVE ARTS v. CITY OF GRAND RAPIDS

No. 02-2183.

391 F.3d 783 (2004)

EXECUTIVE ARTS STUDIO, INC., d/b/a Velvet Touch, Plaintiff-Appellee, v. CITY OF GRAND RAPIDS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 10, 2004.


Attorney(s) appearing for the Case

ARGUED: Scott D. Bergthold, Law Office of Scott D. Bergthold, Chattanooga, Tennessee, for Appellant. Gregory Fisher Lord, Law Office of Gregory Fisher Lord, Sterling Heights, Michigan, for Appellee. ON BRIEF: Scott D. Bergthold, Law Office of Scott D. Bergthold, Chattanooga, Tennessee, Daniel A. Ophoff, Catherine M. Mish, City Attorney's Office for the City of Grand Rapids, Grand Rapids, Michigan, for Appellant. Gregory Fisher Lord, Law Office of Gregory Fisher Lord, Sterling Heights, Michigan, Allan S. Rubin, Draper & Rubin PLC, Southfield, Michigan, for Appellee.

Before: SILER, COLE, and ROGERS, Circuit Judges.


OPINION

SILER, Circuit Judge.

The City of Grand Rapids (City) appeals the district court's denial of motions to both abstain from, and subsequently dismiss, this action. The City also appeals the grant of summary judgment in favor of the plaintiffs, Executive Arts Studio, Inc., and the scope of the resulting injunctive relief. For the reasons stated hereafter, we AFFIRM.

I. BACKGROUND

In August 2000, Executive Arts Studio,...

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