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ABILENE RETAIL v. BOARD OF COM'RS OF DICKINSON CY.

No. 04-2330 JWL.

402 F.Supp.2d 1285 (2005)

ABILENE RETAIL # 30, INC., Plaintiff, v. The BOARD OF COMMISSIONERS OF DICKINSON COUNTY, KANSAS, and Keith D. Hoffman Defendants.

United States District Court, D. Kansas.

December 1, 2005.

Attorney(s) appearing for the Case

John Michael Murray, Lorraine R. Baumgardner, Raymond V. Vasvari, Jr., Berkman, Gordon, Murray & Devan, Cleveland, OH, Richard T. Bryant, Richard T. Bryant & Associates, PC, Kansas City, MO, for Plaintiff.

Scott D. Bergthold, Law Office of Scott D. Bergthold, PLLC, Chattanooga, TN, J. Steven Pigg, Fisher, Teresa L. Sittenauer, Patterson, Sayler & Smith, Topeka, KS, Douglas G. Thompson, Thompson Law Office, Chapman, KS, Michael J. Deprimo, Stephen M. Crampton, American Family Association Center For Law & Policy, Tupelo, MS, for Defendants.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

This case involves a claim by Abilene Retail (doing business as The Lion's Den Adult Superstore) against officials of Dickinson County ("the County"), Kansas, for declaratory and injunctive relief against the County's Ordinance No. 121304A ("the Ordinance"). The Ordinance is a zoning provision that regulates The Lion's Den, a sexually oriented business located in Dickinson County. This matter comes before...

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