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BRANDYWINE, INC. v. CITY OF RICHMOND, KY

No. 02-5507.

359 F.3d 830 (2004)

BRANDYWINE, INC. D/B/A Expressway Video and Gary R. Sewell, Plaintiffs-Appellants, v. CITY OF RICHMOND, KENTUCKY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 3, 2004.

Attorney(s) appearing for the Case

H. Louis Sirkin (argued and briefed), Jennifer M. Kinsley (briefed), Sirkin, Pinales, Mezibov & Schwartz, Cincinnati, OH, for Appellants.

Douglas L. McSwain (argued and briefed), Bryan H. Beauman (brief), Sturgill, Turner, Barker & Maloney, Lexington, KY, for Appellee.

Before: NORRIS, BATCHELDER, and COLE, Circuit Judges.

NORRIS, J., delivered the opinion of the court, in which BATCHELDER, J., joined. COLE, J. (pp. 836-39), delivered a separate dissenting opinion.

Pursuant to Sixth Circuit Rule 206.

OPINION

ALAN E. NORRIS, Circuit Judge.

Plaintiffs Brandywine, Inc. and Gary R. Sewell appeal from the district court's dismissal of their constitutional challenge to the city of Richmond's zoning scheme. They maintain that the district court erred when it upheld...

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