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INDEPENDENCE NEWS, INC. v. CITY OF CHARLOTTE

Nos. 08-1654, 08-1655.

568 F.3d 148 (2009)

INDEPENDENCE NEWS, INCORPORATED, a North Carolina Corporation; Polo South, Incorporated, Plaintiffs-Appellants, and Central Avenue Video, Incorporated, a North Carolina Corporation, Plaintiff, O'Sheilds Entertainment, Incorporated; Riverside Video Plus, Intervenors/Plaintiffs, v. CITY OF CHARLOTTE, a North Carolina Municipal Corporation, Defendant-Appellee. Independence News, Incorporated, a North Carolina Corporation; Polo South, Incorporated, Plaintiffs-Appellants, and Central Avenue Video, Incorporated, a North Carolina Corporation, Plaintiff, O'Sheilds Entertainment, Incorporated; Riverside Video Plus, Intervenors/Plaintiffs, v. City of Charlotte, a North Carolina Municipal Corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 3, 2009.

Attorney(s) appearing for the Case

Joseph L. Ledford, Charlotte, North Carolina, for Appellants. Robert Erwin Hagemann, Office Of The City Attorney, Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Chief Judge Williams wrote the opinion, in which Judge Agee concurred. Judge Shedd wrote a separate concurring opinion.

OPINION

WILLIAMS, Chief Judge:

In 1994, the City of Charlotte ("City") enacted an Adult Zoning Ordinance ("AZO") to protect certain sensitive uses from the "secondary effects" associated with adult establishments. The ordinance contains an amortization provision that required covered adult establishments to close or relocate to a conforming location by January 18, 2002. Independence News, Inc. ("Independence News") and Polo South, Inc. ("Polo South") (collectively...

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