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JACKSONVILLE PROP. RIGHTS v. CITY OF JACKSONVILLE

No. 09-15629.

635 F.3d 1266 (2011)

JACKSONVILLE PROPERTY RIGHTS ASSOCIATION, INC., a Florida nonprofit corporation, Horton Enterprises, Inc., a Florida corporation d.b.a. The New Solid Gold, Hartsock Enterprises, Inc., a Florida corporation d.b.a. Doll House, Plaintiffs-Appellants Cross-Appellees, v. CITY OF JACKSONVILLE, FL, a Florida municipal corporation, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 25, 2011.

Attorney(s) appearing for the Case

G. Randall Garrou , Weston, Garrou & Mooney, Los Angeles, CA, for Jacksonville Property Rights Association, Inc.

Lawrence G. Walters , Walters Law Group, Altamonte SPG, FL, for Horton Enterprises, Inc.

Cindy Ann Laquidara , Office of Gen. Counsel, Jacksonville, FL, for City of Jacksonville, FL.

Before TJOFLAT, HILL and ALARCÓN, Circuit Judges.

TJOFLAT, Circuit Judge:

This appeal stems from a city's attempt to control the location of nude dancing establishments operating within its borders. While both the city and the nude dancing establishments appeal the district court's order granting in part and denying in part both parties' motions for summary judgment,1 the city has, during the pendency of this appeal, legislatively removed the two provisions underlying the dancing clubs...

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