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SHOWTIME ENTERTAINMENT LLC v. AMMENDOLIA

Civil Action No. 10-40194-FDS.

885 F.Supp.2d 507 (2012)

SHOWTIME ENTERTAINMENT LLC, Plaintiff, v. Mike AMMENDOLIA, in his official capacity, Lawney Tinio, in his official capacity, and the Town of Mendon, Defendants.

United States District Court, D. Massachusetts.

August 9, 2012.

Attorney(s) appearing for the Case

Michael E. Aleo , Lesser, Newman & Nasser, LLP, Thomas Lesser , Lesser, Newman, Souweine & Nasser, Northampton, MA, for Plaintiff.

Robert S. Mangiaratti , Murphy, Hesse, Toomey & Lehane, LLP, Quincy, MA, Geoffrey B. McCullough , Murphy, Hesse, Toomey & Lehane, LLP, Boston, MA, for Defendants.

Brandon H. Moss , Murphy, Hesse, Toomey & Lehane, LLP, Quincy, MA, for Plaintiff/Defendants.

MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

SAYLOR, District Judge.

This action arises from the efforts of plaintiff Showtime Entertainment LLC to open a club in Mendon, Massachusetts, that will feature live nude dancing. Adult-entertainment establishments in Mendon are required both to obtain a license under Mass. Gen. Laws ch. 140, § 183A and to comply with applicable zoning by-laws of the town. Showtime filed this lawsuit after...

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