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McCROTHERS CORP. v. CITY OF MANDAN

No. 20060127.

728 N.W.2d 124 (2007)

2007 ND 28

McCROTHERS CORP. d/b/a Tree City Bar, and Luke Berger, d/b/a Silver Dollar Bar, Plaintiffs and Appellants, v. CITY OF MANDAN, Defendant and Appellee.

Supreme Court of North Dakota.

February 28, 2007.

Attorney(s) appearing for the Case

Justin J. Vinje (argued) and Ralph A. Vinje (appeared), Vinje Law Firm, Bismarck, N.D., for plaintiffs and appellants.

Malcolm H. Brown, Malcolm H. Brown, P.C., Bismarck, N.D., for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] McCrothers Corporation, doing business as the Tree City Bar, and Luke Berger, doing business as the Silver Dollar Bar, appealed from a summary judgment dismissing their actions challenging the constitutionality of Mandan city ordinances regulating exotic dancing and adult cabaret entertainment. We conclude the ordinances do not violate the free speech rights of McCrothers and Berger and did not cause an unconstitutional taking...

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