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WORLD WIDE VIDEO OF WASHINGTON, INC. v. CITY OF SPOKANE

Nos. 22092-3-III, 22093-1-III.

103 P.3d 1265 (2005)

WORLD WIDE VIDEO OF WASHINGTON, INC., Appellant, v. CITY OF SPOKANE, Respondent, Marco Barbanti, Appellant, Carole Schultz, Defendant. Marco T. Barbanti, individual, Appellant, v. City of Spokane, a municipal corporation, Respondent, Worldwide Video of Washington, Inc., a Washington corporation, Defendant.

Court of Appeals of Washington, Division 3, Panel Three.

Reconsideration Denied February 15, 2005.

Attorney(s) appearing for the Case

Marco T. Barbanti, Dominic M. Bartoletta, Attorney at Law, Spokane, WA, for Appellant.

Milton G. Rowland, Attorney at Law, Spokane, WA, for Respondent.

SCHULTHEIS, J.

By ordinance, the city of Spokane requires all adult retail use establishments (adult stores) to observe specific location requirements. For instance, such establishments may not be located within 750 feet of schools, places of religious worship, public parks, other adult stores, or certain residential zones. Ordinance C-32778, codified as former Spokane Municipal Code (SMC) 11.19.143(D) (2001). When it became effective in March 2001, the ordinance...

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