An inventory of more than 8,000 sexually oriented items is “substantial or significant” enough to trigger a local zoning restriction, a federal appeals court has ruled.

Reversing a lower court ruling, a two-judge majority in VIP of Berlin, LLC v. Town of Berlin, 09-2950-cv, vacated an injunction against a Connecticut town law barring the opening of a store whose “stock in trade” was to be 12 percent “adult” within 250 feet of a residential zone.

The Second Circuit decision appears on page 46 of the print edition of today’s Law Journal.

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