United States Tenth Circuit

In an action brought by the owner and operator of an adult bookstore challenging a county zoning ordinance which restricted the store's location and mode of operation, summary judgment against the owner is reversed in part and remanded as to a First Amendment claim where: 1) although the ordinance was facially content neutral, a genuine dispute of material fact existed as to whether a county board reasonably relied on studies analyzing the secondary effects of adult businesses on surrounding communities in passing the ordinance; and 2) if such reasonable reliance were not at issue, plaintiff would have established sufficient doubt on the board's rationale to preclude summary judgment.

Appellate Information

• Decided 07/10/2007
• Published 07/11/2007

Judges

• LUCERO, Circuit Judge., Before LUCERO, Circuit Judge, McWILLIAMS, and EBEL, Senior Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• J. Michael Murray, Berkman, Gordon, Murray, & DeVan, Cleveland, OH (Raymond V. Vasvari, Jr., Berkman, Gordon, Murray, & DeVan, and Richard T. Bryant, Richard T. Bryant & Associates, Kansas City, MO, with him on the briefs), for the Plaintiff-Appellant.


• For Appellees:
  
• Scott D. Bergthold, Chattanooga, TN (J. Steven Pigg and Teresa L. Sittenauer, Fisher, Patterson, Sayler, & Smith, Topeka, KS, with him on the briefs), for the Defendants-Appellees.