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STARDUST, 3007 LLC v. CITY OF BROOKHAVEN

No. 16-17176.

899 F.3d 1164 (2018)

STARDUST, 3007 LLC, d.b.a. Stardust, Michael Morrison, Plaintiffs-Counter Defendants-Appellants, v. CITY OF BROOKHAVEN, Georgia, Susan Canon, individually and in her official capacity as Director of Community Development, Defendants-Counter Claimants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 10, 2018.

Attorney(s) appearing for the Case

Cary Stephen Wiggins , Wiggins Law Group, 260 Peachtree St. NW Ste. 401, Atlanta, GA 30303, for Plaintiffs-Appellants.

Scott D. Bergthold , Bryan Dykes , Law Office of Scott D. Bergthold, PLLC, 2290 Ogletree Ave., Chattanooga, TN 37421-8828, Matthew A. Ericksen , Harvey S. Gray , Gray Rust St. Amand Moffett & Brieske, LLP, 950 E Paces Ferry Rd. NE Ste. 1700, Atlanta, GA 30326, for Defendants-Appellees.

Before WILLIAM PRYOR, JILL PRYOR and CLEVENGER, Circuit Judges.

The City of Brookhaven passed an ordinance regulating adult businesses for the stated purpose of preventing the negative secondary effects of such businesses. Stardust, 3007 LLC — a purveyor of products subject to the City's ordinance — and Stardust's manager, Michael Morrison (collectively "Stardust"), brought...

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