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CITY OF ALBUQUERQUE v. PANGAEA CINEMA LLC

No. 30,380.

284 P.3d 1090 (2012)

2012-NMCA-075

CITY OF ALBUQUERQUE, Plaintiff-Appellee, v. PANGAEA CINEMA LLC d/b/a Guild Cinema LLC, and Keif Henley, Registered Agent, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Granted, July 20, 2012, No. 33,693.

Attorney(s) appearing for the Case

City of Albuquerque, Robert D. Kidd, Jr. , Interim City Attorney, John E. DuBois , Assistant City Attorney, Albuquerque, NM, for Appellee.

ACLU of New Mexico, Laura Schauer Ives , Bach & Garcia LLC, George Bach , Kari Morrissey , Albuquerque, NM, for Appellants.

OPINION

CASTILLO, Chief Judge.

{1} The Guild Cinema (the Guild), a locally owned art-house movie theater in the Nob Hill neighborhood of the City of Albuquerque (the City), was prosecuted under the City's zoning regulations covering adult amusement establishments for showing one pornographic film during a weekend festival of X-rated fare. The Guild argues that the City's crackdown on the showing of just one adult film outside of a zone designated...

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