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VIP OF BERLIN, LLC v. TOWN OF BERLIN

Civil Action No. 3:06cv1811 (SRU).

644 F.Supp.2d 151 (2009)

VIP OF BERLIN, LLC, Plaintiff, v. TOWN OF BERLIN, Herman Middlebrooks, Jr., in his official capacity as Town Manager of the Town of Berlin, and Denise McNair, in her official capacity as the Town Manager of the Town of Berlin, Defendants.

United States District Court, D. Connecticut.

Order Denying Reconsideration and Stay July 8, 2009.

Attorney(s) appearing for the Case

Daniel A. Silver, Law Office of Daniel A. Silver, New Britain, CT, Jennifer M. Kinsley, Sirkin, Pinales & Schwartz, LLP, Cincinnati, OH, for Plaintiff.

Katherine E. Rule, Alexandria L. Voccio, Thomas R. Gerarde, Howd & Ludorf, Jane R. Rosenberg, Attorney General's Office, Hartford, CT, for Defendants.

RULING ON MOTION FOR PRELIMINARY INJUNCTION

STEFAN R. UNDERHILL, District Judge.

Plaintiff VIP of Berlin, LLC ("VIP") seeks a preliminary injunction enjoining the defendant Town of Berlin ("Berlin") and its agents, officers, and representatives from enforcing the definition of "adult oriented store" contained in Berlin Code of Ordinances § 14-242 against VIP to prohibit the operation of a general retail store at VIP's premises in Berlin. VIP...

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