CASANOVA ENTERTAIN. GROUP v. CITY OF NEW ROCHELLE

No. 05 CIV. 2721(WCC).

375 F.Supp.2d 321 (2005)

CASANOVA ENTERTAINMENT GROUP, INC., Plaintiff, v. CITY OF NEW ROCHELLE, Defendant.

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

June 29, 2005.


Attorney(s) appearing for the Case

Berkman, Gordon, Murray & DeVan, Cleveland, OH (J. Michael Murray, Steven D. Shafron, Of Counsel), Mehler & Buscemi, New York (Martin P. Mehler, Of Counsel), for Plaintiff.

Zarin & Steinmetz, White Plains, NY (David S. Steinmetz, Susan H. Sarch, Jody T. Cross, Of Counsel), Corporation Counsel for the City of New Rochelle, New Rochelle, NY (Bernis E. Shapiro, Of Counsel), for Defendant.


OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Plaintiff Casanova Entertainment Group, Inc. ("Casanova") commenced the present action against defendant City of New Rochelle ("New Rochelle" or the "City") seeking: (1) a declaration that certain sections of New Rochelle's codified zoning ordinances relating to adult-oriented establishments1 are unconstitutional on their face and as applied under the First and...

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