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H AND A LAND CORP. v. CITY OF KENNEDALE, TEX.

Nos. 05-11474, 06-10304.

480 F.3d 336 (2007)

H AND A LAND CORP.; et al., Plaintiffs, Reliable Consultants, Inc., doing business as Dreamer's, Intervenor Plaintiff-Appellee, v. CITY OF KENNEDALE, TEXAS, Defendant-Intervenor Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 22, 2007.

Attorney(s) appearing for the Case

Wayne K. Olson (argued), April Marie Virnig, Taylor, Olson, Adkins, Sralla & Elam, Fort Worth, TX, for City of Kennedale.

H. Louise Sirkin, Jennifer Marie Kinsley (argued), Sirkin, Pinales, Mezibov & Schwartz, Cincinnati, OH, Samuel Gary Polozola, Law Office of Gary Polozola, Fort Worth, TX, for Reliable Consultants, Inc.

Before SMITH, BENAVIDES and PRADO, Circuit Judges.

BENAVIDES, Circuit Judge:

Kennedale, Texas, appeals the district court's grant of summary judgment. We reverse and remand.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

This appeal raises a single question: Does the evidence offered by the city of Kennedale sufficiently support its ordinance regulating sexually oriented businesses?

In 1999, Kennedale annexed land that included multiple sexually oriented businesses, thereby subjecting...

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