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THE NATIONALIST MOVEMENT v. CITY OF YORK

No. 06-2184.

481 F.3d 178 (2007)

THE NATIONALIST MOVEMENT, Appellant v. CITY OF YORK.

United States Court of Appeals, Third Circuit.

Filed March 21, 2007.

Attorney(s) appearing for the Case

Richard Barrett, Esq., (Argued), Learned, MS, Counsel for Appellant.

James D. Young, Esq., (Argued), Lavery, Faherty, Young & Patterson, Harrisburg, PA, Donald B. Hoyt, Esq., Blakely, Yost, Bupp & Rausch, York, PA, Counsel for Appellee.

Before BARRY and ROTH, Circuit Judges, and DEBEVOISE, District Judge.

OPINION OF THE COURT

BARRY, Circuit Judge.

Appellant, The Nationalist Movement, challenges the constitutionality of section 741.03 of the Codified Ordinances of the City of York ("section 741.03" or "the Ordinance"), which requires, in certain circumstances, that prospective users of public land within the City file an application, pay certain fees, and agree to a variety of conditions before permission for the use of that land is granted. The District Court...

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