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ZIBTLUDA v. GWINNETT COUNTY EX REL. BD. OF COM'RS

No. 03-15685.

411 F.3d 1278 (2005)

ZIBTLUDA, LLC, a Georgia corporation, Plaintiff-Appellant, v. GWINNETT COUNTY, GEORGIA, by and through the BOARD OF COMMISSIONERS OF GWINNETT COUNTY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 9, 2005.

Attorney(s) appearing for the Case

Steven M. Youngelson, Cary Stephen Wiggins, Cook, Youngelson & Wiggins, Atlanta, GA, for Plaintiff-Appellant.

Richard A. Carothers, William McLane Coolidge, III, Carothers & Mitchell, LLC, Buford, GA, for Defendant-Appellee.

Before EDMONDSON, Chief Judge, and MARCUS and PRYOR, Circuit Judges.

PRYOR, Circuit Judge:

This appeal presents two issues: (1) whether an ordinance in Gwinnett County, Georgia, provides an applicant who has been denied a license to operate an adult entertainment business a prompt judicial decision, as the First and Fourteenth Amendments require; and (2) whether the district court properly determined that the ordinance was adopted to combat the secondary effects of adult entertainment businesses, which required the court to apply intermediate...

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