DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
052793P.pdf 03/10/2006 Blue Moon Entertmt. v. City of Bates City
U.S. Court of Appeals Case No: 05-2793
Western District of Missouri
[PUBLISHED] [Colloton, Author, with Bye and Heaney]
Civil case - Civil rights. Section 406 of the Bates City Municipal Code
requiring an adult business to obtain a conditional use permit prior to
engaging in a protected activity was a prior restraint that plaintiff could
challenge facially, and the district court err in finding that plaintiff's
failure to apply for a conditional use permit was per se fatal to its ability
to demonstrate irreparable harm in support of its motion for a temporary
restraining order and/or a preliminary injunction.