Stephens v. Cobb County, Ga.

ORDER

ROBERT H. HALL, District Judge.

Plaintiffs bring this action seeking declaratory and injunctive relief and damages alleging defendant is seeking to enforce a zoning ordinance which allegedly violates plaintiffs First Amendment rights to commercial free speech. This court’s jurisdiction is predicated upon 28 U.S.C. §§ 1331, 1343 and 42 U.S.C. § 1983. The action is currently before the court on defendant’s motion to dismiss.

FACTS

Plaintiffs are shopowners who own and operate businesses in a common building containing several suites located in Cobb County, Georgia. Each plaintiff maintains a…