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· 11/21/2002

M.J. Entertainment Enterprises, Inc. v. City of Mount Vernon

Citations

  • 234 F. Supp. 2d 306
  • 2002 U.S. Dist. LEXIS 22927
  • 2002 WL 31681190

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that causation was lacking where the injury would occur even in the absence of the challenged law
  • holding that causation was lacking where challenged zoning ordinance “d[id] not apply to the ... [zjoning [district where [the plaintiffs’ property] [was] located”
  • holding that the plaintiffs “injury is traceable to the challenged action of [Defendant because Plaintiff] cannot [engage in its desired use] at its current location or relocate to another location ... because of the municipality’s Zoning Code”
  • determining that plaintiff had established standing with respect to one claim, where the challenged ordinance kept the plaintiff from “offering] topless dancing as entertainment at its business establishment”
  • determining that redressability requirement was not met because “a ruling by this Court invalidating the ‘special permit use’ provisions of the Zoning Code would not redress plaintiffs injury,” as plaintiffs proposed use was barred by another ordinance
  • holding plaintiff's injury was traceable to the challenged action of a municipality because plaintiff could not engage in its desired use at its current location or relocate to another location due to the municipality's zoning code

Source: CourtListener parenthetical corpus (CC0).

Judges: McMahon

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.