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AMICO v. NEW CASTLE COUNTY

Civ. A. No. 82-513 CMW.

654 F.Supp. 982 (1987)

Michael AMICO, Plaintiff, v. NEW CASTLE COUNTY, a political subdivision of the State of Delaware, Commission on Adult Entertainment, an entity within the State of Delaware, Department of Administrative Services, Division of Business and Occupational Regulation, and the State of Delaware, Defendants.

United States District Court, D. Delaware.

February 11, 1987.

Attorney(s) appearing for the Case

Joseph A. Hurley, Wilmington, Del. (Lewis H. Robertson of Levy & Robertson, Asbury Park, N.J., of counsel), for plaintiff.

Howard M. Berg and Michael K. Tighe of Berg & Associates, Wilmington, Del., Scott A. Green and Donald E. Marston, of New Castle County Law Dept., Wilmington, Del., for defendant, New Castle County.

John J. Polk, Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for defendant, the State of Delaware.

OPINION

CALEB M. WRIGHT, Senior District Judge.

The Court must decide whether to award attorneys' fees to a party that successfully challenged, on First Amendment grounds, a county ordinance that, among other things, forbade the construction of an "adult entertainment center" proximate to residential areas.

The precise question presented today is whether this Court may award attorneys' fees when the party submitting the fee request fails to comply...

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