Preview:

IN THE COURT OF APPEALS OF IOWA No. 1-663 / 10-1600 Filed December 7, 2011 C. LINE, INC., Plaintiff-Appellee, vs. CRAIG MALIN and CITY OF DAVENPORT, Defendants-Appellants. ________________________________________________________________ Appeal from the Iowa District Court for Scott County, James E. Kelley and Marlita A. Greve, Judges.

Parties appeal and cross-appeal from the district court's rulings on motions for summary judgment. AFFIRMED.

Brian Heyer, Assistant City Attorney, Davenport, for appellants. Michael J. Meloy, Bettendorf, and John T. Flynn, Davenport, for appellee.

Heard by Danilson, P.J., and Tabor and Mullins, JJ.

2

MULLINS, J. This is an appeal and cross-appeal from summary judgment rulings in an action for certiorari, declaratory relief, mandamus, and injunctive relief following the City of Davenport's denial of a license application to C. Line for an adult cabaret business. For the reasons stated herein, we affirm the rulings of the district court. I. Background Facts and Prior Proceedings. In February 1997, C. Line opened an adult cabaret business called "Chorus Line" at 4128 North Brady Street in Davenport. In 2001, the City of Davenport adopted ordinance No. 2001-228 establishing chapter 5.16 in the Davenport Municipal Code to provide for the licensing and regulation of "adult entertainment" businesses. In October 2003, C. Line filed a petition in federal court seeking declaratory and injunctive relief claiming chapter 5.16 of the Davenport Municipal Code was unconstitutional. This lawsuit was resolved in August 2004 when the parties entered into a consent decree. See C. Line, Inc. v. City of Davenport, No. 303-CV90113 (S.D. Iowa, Aug. 20, 2004). The consent decree approved by the federal court provided in pertinent part: 1. The City of Davenport will issue an adult cabaret license to C. Line, Inc., d/b/a Chorus Line;

Download C. LINE, INC., Plaintiff-Appellee, vs. CRAIG MALIN and CITY OF DAVENPORT, Defend

Iowa Law