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MJ ENTERTAINMENT ENTERPR., INC. v. CITY OF MOUNT VERNON

No. 02 CIV. 6367(CM).

328 F.Supp.2d 480 (2004)

MJ ENTERTAINMENT ENTERPRISES, INC. d/b/a the Starlight Plaintiff, v. THE CITY OF MOUNT VERNON, New York, a Municipal Corporation; Soraya Ben-Habib, as First Deputy Commissioner of the Department of Buildings of the City of Mount Vernon, New York, Defendants.

United States District Court, S.D. New York.

August 4, 2004.

Attorney(s) appearing for the Case

Daniel A. Silver, Law Office of Daniel A. Silver, New Britain, CT, for Plaintiff.

Edward J. Phillips, Keane & Bean, P.C., White Plains, NY, Ilamm M. Maazel, Emery Celli Cuti Brinckerhoff & Abady, P.C., New York, NY, for Defendants.

DECISION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

McMAHON, District Judge.

Plaintiff M.J. Entertainment Enterprises wants to transform a now defunct bar, The Starlight, into an adult entertainment venue. However, under the Mount Vernon zoning laws, he cannot operate an adult entertainment business on that site. Plaintiff has therefore brought this suit challenging the constitutionality...

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