Marks v. Board of Commissioners

CATINNA, Commissioner.

This is an appeal from an order of the Campbell Circuit Court dismissing the complaint of Stanley Marks wherein he sought to have an order entered by the City of Newport declared void and to enjoin its enforcement.

Marks is the owner and operator of a business in Newport known as Monmouth Novelty and Book Store. His main stock consists of adult books and pictures which have been variously termed to be obscene and pornographic. The city had issued Marks a license to operate the book store.

The city ordinance in question is not a part of this record. After a revocation of…