Jacksonville Property Rights Ass'n v. City of Jacksonville

TJOFLAT, Circuit Judge:

This appeal stems from a city’s attempt to control the location of nude dancing establishments operating within its borders. While both the city and the nude dancing establishments appeal the district court’s order granting in part and denying in part both parties’ motions for summary judgment, 1 the city has, during the pendency of this appeal, legislatively removed the two provisions underlying the dancing clubs’ claims. Based on this subsequent action, we cannot entertain the merits of the parties’ arguments.

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