Legal Opinion

Bukaka, Inc. v. County of Benton

District Court, D. Minnesota

Decided December 6, 1993No. Civ. 5-93-142PublishedCited by 17 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

DIANA E. MURPHY, Chief Judge.

Plaintiff Bukaka, Inc. operates an establishment in Benton County, Minnesota featuring live nude dancing as entertainment. It brought this 42 U.S.C. § 1983 action to prevent enforcement against it of section 11.6 of the Benton County Development Code, which requires a conditional use permit to operate a recreational facility. Plaintiff alleges the development code violates its rights under the first amendment to the United States Constitution as incorporated by the fourteenth amendment. It further alleges that the development code…

2Cases cited18 opinions

  1. Monroe v. PapeSupreme Court of the United States · 1961
  2. Elrod v. BurnsSupreme Court of the United States · 1976
  3. United States v. O'BrienSupreme Court of the United States · 1968
  4. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  5. FW/PBS, Inc. v. City of DallasSupreme Court of the United States · 1990

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3Cited by17 opinions

  1. Richland/Wilkin Joint Powers Authority v. United States Army Corps of EngineersCourt of Appeals for the Eighth Circuit · 2016
  2. Curtis 1000, Inc. v. YoungbladeDistrict Court, N.D. Iowa · 1995
  3. City of Colorado Springs v. 2354 INC.Supreme Court of Colorado · 1995
  4. Nakatomi Investments, Inc. v. City of SchenectadyDistrict Court, N.D. New York · 1997
  5. Advantage Media, L.L.C. v. City of HopkinsDistrict Court, D. Minnesota · 2005

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