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SHOWTIME ENTERTAINMENT, LLC v. TOWN OF MENDON

No. 12-2121.

769 F.3d 61 (2014)

SHOWTIME ENTERTAINMENT, LLC, Plaintiff, Appellant, v. TOWN OF MENDON, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

October 8, 2014.

Attorney(s) appearing for the Case

Thomas Lesser , with whom Michael Aleo and Lesser, Newman & Nasser, LLP were on brief, for appellant.

Brandon H. Moss , with whom Robert S. Mangiaratti and Murphy, Hesse, Toomey & Lehane, LLP were on brief, for appellees.

Before TORRUELLA, HOWARD, and KAYATTA, Circuit Judges.

TORRUELLA, Circuit Judge.

This case directs our attention to the extent by which a town may abridge expressive activity, protected under the First Amendment and the Massachusetts Constitution, as a valid exercise of its zoning power. The Town of Mendon, Massachusetts ("Mendon") has set forth a veritable maze of zoning restrictions that are singularly applicable to adult-entertainment businesses. Owning one of the few parcels of land within Mendon city limits still...

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