Legal Opinion · Concurrence

Midvale City Corp. v. Haltom

Utah Supreme Court

Decided May 16, 2003No. 20010794Published

1ConcurrenceDurrant, Associate Chief Justice

1[ 81 I concur in Judge Jackson's lead opinion upholding the Midvale city ordinance governing licensure of sexually-oriented businesses. I write additionally regarding the issue of standing to express an alternative rationale for denying Dr. John's facial challenge, to address its "as applied" challenge, and to express my view that the "good cause" exception does not need to be severed or given a limiting instruction at this time.

I. STANDING-FACIAL CHALLENGE

182 Dr. John's facially challenges Mid-vale's ordinance governing licensure of sexually-oriented businesses as being unconstitutionally…

2Cases cited7 opinions

  1. FW/PBS, Inc. v. City of DallasSupreme Court of the United States · 1990
  2. Babbitt v. United Farm Workers National UnionSupreme Court of the United States · 1979
  3. Secretary of State of Md. v. Joseph H. Munson Co.Supreme Court of the United States · 1984
  4. Nightclubs, Inc.,plaintiff-Appellant v. City of PaducahCourt of Appeals for the Sixth Circuit · 2000
  5. National Council for Improved Health v. ShalalaCourt of Appeals for the Tenth Circuit · 1997

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