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LUND v. CITY OF FALL RIVER, MA

No. 12-1758.

714 F.3d 65 (2013)

Gary LUND, d/b/a Club Martinique, Plaintiff, Appellant, v. CITY OF FALL RIVER, MA; James Hartnett, City Planner; Fall River Zoning Board of Appeals; David Assad, as Chairman of the Fall River Zoning Board of Appeals; Gene Alves, as Vice Chairman of the Fall River Zoning Board of Appeals; Richard Mateus, as Member of the Fall River Zoning Board of Appeals; Andrea Merolla-Simister, as Member of the Fall River Zoning Board of Appeals; John Frank, III, as Member of the Fall River Zoning Board of Appeals, Defendants, Appellees.

United States Court of Appeals, First Circuit.

April 22, 2013.

Attorney(s) appearing for the Case

Brian R. Cunha , with whom Brian Cunha & Associates, P.C. was on brief, for appellant.

Elizabeth Sousa , with whom the Office of the Corporation Counsel was on brief, for appellees.

Before LYNCH, Chief Judge, SOUTER, Associate Justice, and SELYA, Circuit Judge.

SOUTER, Associate Justice.

Appellant, Gary Lund, contends that the City of Fall River's zoning ordinances violate the First Amendment by preventing him from opening an adult entertainment establishment on land zoned industrial without providing an adequate opportunity elsewhere. The district court rejected his claim, and we affirm.

I

By the terms of a Fall River ordinance, intending providers of adult entertainment must obtain a "special permit,...

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