United States Tenth Circuit

Defendant's Commercial and Industrial Park Protective Covenants, on the basis of which plaintiff was denied a building permit for a proposed nude-dancing establishment, do not grant defendant such unbridled discretion as to constitute a prior restraint on expression.

Appellate Information

• Decided 01/21/2004
• Published 01/21/2004

Judges

• Before TACHA, Chief Judge, SEYMOUR, PORFILIO, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• W. Andrew McCullough of McCullough & Associates, LLC, Midvale, UT (Michael W. Gross of Schwartz & Goldberg, PC, Denver, CO, with him on the briefs), for Plaintiff-Appellant.


• For Appellees:
  
• Donald L. Dalton of Dalton & Kelley, Salt Lake City, UT, for Defendant-Appellee.