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NEW ALBANY DVD, LLC v. CITY OF NEW ALBANY, IND.

No. 05-1286.

581 F.3d 556 (2009)

NEW ALBANY DVD, LLC, Plaintiff-Appellee, v. CITY OF NEW ALBANY, Indiana, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 10, 2009.

Attorney(s) appearing for the Case

Steven G. Mason (argued), Orlando, FL, for Plaintiff-Appellee.

Scott D. Bergthold (argued), Chattanooga, TN, Shane L. Gibson, New Albany, IN, for Defendant-Appellant.

Before EASTERBROOK, Chief Judge, and RIPPLE and ROVNER, Circuit Judges.

EASTERBROOK, Chief Judge.

New Albany DVD operates an adult store in New Albany, Indiana. It does not provide live or recorded entertainment on site. Customers buy books, magazines, or videos, which they read or watch at home. Plaintiff bought land for this operation in 2003, secured all necessary licenses, and renovated the site's store to meet its requirements. The land was properly zoned for the business it proposed to operate. A final inspection was scheduled for...

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