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BLUE MOON ENTERTAINMENT v. CITY OF BATES

No. 05-2793.

441 F.3d 561 (2006)

BLUE MOON ENTERTAINMENT, LLC, Appellant, v. CITY OF BATES CITY, MISSOURI, a Municipal Corporation; Greg Ford in his individual capacity, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 10, 2006.

Attorney(s) appearing for the Case

Bradley J. Shafer, argued, Lansing, MI, for appellant.

Matthew J. Gist, argued, Kansas City, MO (James H. Ensz, Kansas City, on the brief), for appellee.

Before BYE, HEANEY, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

Blue Moon Entertainment, LLC ("Blue Moon") appeals the district court's denial of its motions for a temporary restraining order and/or a preliminary injunction. We vacate the district court's order and remand for further proceedings.

I.

Blue Moon Entertainment owns a parcel of developed, but apparently unzoned, property, identified as 304 Old U.S. Highway West, Bates City, Missouri. Blue Moon seeks to operate an adult entertainment...

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