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CAFÉ EROTICA OF FLORIDA v. ST. JOHNS COUNTY

Nos. 02-16718, 03-11385.

360 F.3d 1274 (2004)

CAFÉ EROTICA OF FLORIDA, INC., a Florida Corporation, Café Erotica / We Dare To Bare / Adult Toys / Great Food / Exit 94, Inc., a Florida Corporation, Plaintiffs-Counter-Defendant-Appellees, v. ST. JOHNS COUNTY, a political subdivision of the State of Florida, Defendant-Counter-Claimant-Appellant. Cafe Erotica/We Dare To Bare/Adult Toys/Great Food/Exit 94, Inc., a Florida Corporation, Plaintiff-Appellee, v. St. Johns County, a political subdivision of the State of Florida, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 23, 2004.

Attorney(s) appearing for the Case

Susan Smith Erdelyi, Sonya Harrell Hoener, Marks, Gray, Conroy & Gibbs, P.A., Jacksonville, FL, for St. Johns County.

Gary S. Edinger, Gainesville, FL, for Café Erotica of Florida, Inc.

William David Brinton, Allen, Brinton & Simmons, P.A., Jacksonville, FL, for Scenic America, Inc. and Citizens for a Scenic Florida, Inc., Amici Curiae.

Before DUBINA, WILSON and KRAVITCH, Circuit Judges.

WILSON, Circuit Judge:

I. BACKGROUND

This appeal consolidates two cases involving facial and as-applied challenges to the St. Johns County, Florida, sign ordinance ("Ordinance" or "Ordinance 99-51"), codified as Article VII of the St. Johns County Land Development Code ("LDC"). Each case presents identical legal issues. We review the grant of summary judgment in favor of appellees, Café Erotica of Florida, Inc. ("Café" or "Café Erotica"),...

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