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600 MARSHALL ENTERTAINMENT CONCEPTS v. MEMPHIS

No. 11-6362.

705 F.3d 576 (2013)

600 MARSHALL ENTERTAINMENT CONCEPTS, LLC, dba The Spot, Plaintiff-Appellant, v. The CITY OF MEMPHIS, Defendant-Appellee, Memphis Medical Center, a Division of the Memphis Bio-Works Foundations, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 1, 2013.

Attorney(s) appearing for the Case

ARGUED: Bradley J. Shafer , Shafer & Associates, P.C., Lansing, Michigan, for Appellant. J. Michael Fletcher , Memphis, Tennessee, for Appellees. ON BRIEF: Bradley J. Shafer , Matthew J. Hoffer , Shafer & Associates, P.C., Lansing, Michigan, Edward M. Bearman , The Law Office Of Edward M. Bearman, Memphis, Tennessee, for Appellant. J. Michael Fletcher , Memphis, Tennessee, Saul C. Belz , Michael D. Tauer , Glanklerbrown, PLLC, Memphis, Tennessee, for Appellees.

Before: McKEAGUE and GRIFFIN, Circuit Judges; DLOTT, Chief District Judge.

OPINION

McKEAGUE, Circuit Judge.

600 Marshall Entertainment Concepts, LLC ("600 Marshall") is a nightclub in Memphis, Tennessee. It is located in a zoning district where adult entertainment has been prohibited since 1993. Although already allowed to present most forms of adult entertainment under a grandfather clause in the zoning ordinances, 600 Marshall desires to present adult entertainment in the form of compensated...

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