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WEST GALLERY v. SALT LAKE CITY BD. OF COM'RS

No. 15749.

586 P.2d 429 (1978)

WEST GALLERY CORPORATION, a Utah Corporation, Plaintiff and Appellant, v. SALT LAKE CITY BOARD OF COMMISSIONERS, Ted Wilson, Glen Greener, Jennings Phillips, Jr., Jess Agraz and Herman Hogensen, Individually and as Members of the Salt Lake City Board of Commissioners, Defendants and Respondents.

Supreme Court of Utah.

October 16, 1978.

Attorney(s) appearing for the Case

John D. O'Connell, Salt Lake City, for plaintiff and appellant.

Roger F. Cutler, Salt Lake City Atty., Paul G. Maughan, Asst. Salt Lake City Atty., Salt Lake City, for defendants and respondents.

HALL, Justice:

This appeal concerns a single issue of constitutional law: Does a Salt Lake City licensing ordinance which permits the City to suspend an adult theatre license if the licensee violates the City's obscenity ordinance during the license term infringe upon rights of free speech guaranteed by the constitutions of the United States and the State of Utah?1 It is noteworthy that we are not called upon to discuss any issue of procedural...

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