Legal Opinion

George Phillips Philip Vitale v. Borough of Keyport Victor Rhodes Board of Adjustment

Court of Appeals for the Third Circuit

Decided February 21, 1997No. 95-5143PublishedCited by 93 opinions

1Opinion of the Court

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Appellants planned to open an adult book and video store, “X-Tasy”, in the Borough of Keyport, New Jersey. Over a ten month period, they sought the necessary zoning and construction permits. Their applications were ultimately denied on the basis of an *-1408“adult entertainment uses” ordinance enacted by the Borough allegedly in response to those applications. Appellants insist that delays, denials, and revocations in the permitting process violated their right to substantive due process, that the ordinance violates their right to freedom of…

2Cases cited41 opinions

  1. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  2. United States v. O'BrienSupreme Court of the United States · 1968
  3. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  4. Collins v. City of Harker HeightsSupreme Court of the United States · 1992
  5. Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969

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3Cited by93 opinions

  1. Edwards v. City of GoldsboroCourt of Appeals for the Fourth Circuit · 1999
  2. Edwards v. City of GoldsboroCourt of Appeals for the Fourth Circuit · 1999
  3. Brown v. City of PittsburghCourt of Appeals for the Third Circuit · 2009
  4. Giovani Carandola Ltd. v. BasonCourt of Appeals for the Fourth Circuit · 2002
  5. Miller v. Clinton CountyCourt of Appeals for the Third Circuit · 2008

88 more not listed; retrieve them via the Exa API.

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