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SMARTT v. CITY OF LAREDO

No. 07-06-0291-CV.

239 S.W.3d 869 (2007)

Kenneth D. SMARTT, Jr., Elizabeth Jimenez, Xoticas-Laredo, L.P., Xoticas-Laredo, Inc., K. Smartt Investments, Inc. d/b/a Xoticas, Appellants v. The CITY OF LAREDO, Texas, Appellee.

Court of Appeals of Texas, Amarillo.

October 23, 2007.

Attorney(s) appearing for the Case

Emilio Davila, Jr., Law Office of Emilio Davila, Jr., Laredo, for Appellants.

William M. McKamie, Charles H. Sierra, Law Offices of William M. McKamie, P.C., San Antonio, for Appellee.

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Opinion

BRIAN QUINN, Chief Justice.

This is an appeal from a permanent injunction enjoining Kenneth D. Smartt, Jr., Elizabeth Jimenez, Xoticas-Laredo, L.P., Xoticas-Laredo, Inc., K. Smartt Investments, Inc. d/b/a Xoticas (collectively referred to as Smartt) from operating a sexually oriented business in the City of Laredo (Laredo), Texas. Smartt contends that the trial court erred in granting the injunction because 1) the business does not "fit" the...

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