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New Albany DVD, LLC v. City of New Albany, Indiana

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ARGUED SEPTEMBER 26, 2005

Before EASTERBROOK, Chief Judge, and RIPPLE and ROVNER, Circuit Judges.

New Albany DVD operates an adult store in New Albany, Indiana. It does not provide live or recorded entertainment on site. Customers buy books, magazines, or videos, which they read or watch at home. Plaintiff bought land for this operation in 2003, secured all necessary licenses, and renovated the site’s store to meet its requirements. The land was properly zoned for the business it proposed to operate. A final inspection was scheduled for February 19, 2004. But the City refused to carry out that inspection, so plaintiff could not obtain the certificate of occupancy needed to open its doors.

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