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FANTASY RANCH, INC. v. CITY OF ARLINGTON

No. 2-04-191-CV.

193 S.W.3d 605 (2006)

FANTASY RANCH, INC. d/b/a Fantasy Ranch, Appellant, v. CITY OF ARLINGTON and T & N, Inc., Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled April 27, 2006.

Attorney(s) appearing for the Case

Jones & Cannon, L. Kelly Jones, Michael Hassett, Arlington, for appellant.

Fanning, Harper & Martinson, Thomas P. Brandt, Amanda M. Bigbee, Robert Fugate, Quaid & Quaid, LLC, Charles Joseph Quaid, Dallas, for appellees.

PANEL A: CAYCE, C.J.; GARDNER and WALKER, JJ.

OPINION

ANNE GARDNER, Justice.

I. Introduction

This is the case of the competing cabarets. The key question is which of two cabarets is the "conforming use" under the City of Arlington's anticlustering ordinance for sexually-oriented businesses. We affirm the judgment of the trial court declaring that Appellee T & N, Inc. is the conforming use under the ordinance.

II. Background

This appeal calls for an interpretation of the...

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