ELLINOS, INC. v. AUSTINTOWN TP.

Nos. 4:00CV01207, 4:01CV00562.

203 F.Supp.2d 875 (2002)

ELLINOS, INC., dba Club Babylon, Plaintiff, v. AUSTINTOWN TOWNSHIP, Defendant. Leber, Inc., dba Rebel Lounge, Plaintiff, v. Austintown Township, Defendant.

United States District Court, N.D. Ohio, Eastern Division.

February 28, 2002.


Attorney(s) appearing for the Case

Neal G. Atway, Atway, Cochran & Rafidi, Youngstown, OH, Luke Charles Lirot, Tampa, FL, for plaintiff.

Abraham Cantor, Concord, OH, W. Scott Fowler, Comstock, Springer & Wilson, Youngstown, OH, for defendant.


MEMORANDUM, OPINION AND ORDER

LIMBERT, United States Magistrate Judge.

Defendant Austintown Township (Defendant) filed a motion for summary judgment requesting the Court to declare the Austintown Township Zoning Ordinance (Zoning Ordinance) constitutional both facially and as applied to adult uses, including the sexually oriented businesses operated by Plaintiff Ellinos, Inc. and Plaintiff Leber, Inc. (Plaintiffs).1...

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