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ABILENE RETAIL # 30, INC. v. BOARD OF COM'RS. DICKINSON CTY.

No. 05-3473.

492 F.3d 1164 (2007)

ABILENE RETAIL # 30, INC., Plaintiff-Appellant, v. BOARD OF COMMISSIONERS OF DICKINSON COUNTY, KANSAS; Keith D. Hoffman, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 10, 2007.

Attorney(s) appearing for the Case

J. Michael Murray, Berkman, Gordon, Murray, & DeVan, Cleveland, OH (Raymond V. Vasvari, Jr., Berkman, Gordon, Murray, & DeVan, and Richard T. Bryant, Richard T. Bryant & Associates, Kansas City, MO, with him on the briefs), for the Plaintiff-Appellant.

Scott D. Bergthold, Chattanooga, TN (J. Steven Pigg and Teresa L. Sittenauer, Fisher, Patterson, Sayler, & Smith, Topeka, KS, with him on the briefs), for the Defendants-Appellees.

Before LUCERO, Circuit Judge, McWILLIAMS, and EBEL, Senior Circuit Judges.

LUCERO, Circuit Judge.

Abilene Retail # 30, Inc. ("Abilene") appeals from a district court order granting summary judgment in favor of the Board of County Commissioners of Dickinson County, Kansas (the "Board"). Abilene, which owns and operates an adult bookstore in Dickinson County named "The Lion's Den," challenged a zoning ordinance which restricts The Lion's Den's location and mode of operation. Abilene contends the ordinance violates the First Amendment. The...

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