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MALL REAL ESTATE, L.L.C. v. CITY OF HAMBURG

No. 10-0898.

818 N.W.2d 190 (2012)

MALL REAL ESTATE, L.L.C., an Iowa Limited Liability Company, Appellant, v. CITY OF HAMBURG, an Iowa Municipal Corporation, Appellee.

Supreme Court of Iowa.

July 27, 2012.

Attorney(s) appearing for the Case

W. Andrew McCullough , Midvale, Utah, and Brian B. Vakulskas and Daniel P. Vakulskas of Vakulskas Law Firm, Sioux City, for appellant.

Raymond R. Aranza of Scheldrup Blades Schrock Smith Aranza, P.C., Cedar Rapids, for appellee.

WIGGINS, Justice.

The operator of an establishment offering nude and seminude dance performances sought an injunction restraining a city from enforcing its ordinance regulating nude and seminude dancing. The district court found that state law did not preempt the ordinance and that the ordinance was constitutional. On appeal, we find that state law preempts enforcement of the ordinance and that it is unenforceable against the establishment. Accordingly, we reverse...

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