60 F.3d 828 (6th Cir. 1995), 94-5720, Bullitt County Fiscal Court v. Newsome

Docket Nº:94-5720.
Citation:60 F.3d 828
Party Name:BULLITT COUNTY FISCAL COURT, Plaintiff-Appellant, v. GOBEL NEWSOME, d/b/a Gobel's Exotic Entertainment; Judy Newsome, Defendants-Appellees.
Case Date:June 21, 1995
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 828

60 F.3d 828 (6th Cir. 1995)

BULLITT COUNTY FISCAL COURT, Plaintiff-Appellant,

v.

GOBEL NEWSOME, d/b/a Gobel's Exotic Entertainment; Judy Newsome, Defendants-Appellees.

No. 94-5720.

United States Court of Appeals, Sixth Circuit

June 21, 1995

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA6 Rule 28 and FI CTA6 IOP 206 regarding use of unpublished opinions)

On Appeal from the United States District Court, for the Western District of Kentucky.

W.D.Ky.

DISMISSED.

Before: RYAN and SUHRHEINRICH, Circuit Judges; JARVIS, Chief District Judge. [*]

PER CURIAM.

Plaintiff Bullitt County Fiscal Court filed suit in state court seeking to enjoin defendants, Gobel and Judy Newsome, owners and operators of GOBEL'S EXOTIC ENTERTAINMENT, from violating County Ordinance 92-3, an ordinance regulating adult entertainment. Defendants removed this case to federal court, pursuant to 28 U.S.C. §§ 1331 and 1441(b), and subsequently moved for summary judgment to declare the ordinance unconstitutional under federal and state law. The district court granted defendants' motion and plaintiff appeals this order.

We hold that the case was improperly removed to federal court on the basis of federal question jurisdiction. We therefore DISMISS this appeal and remand to the district court with instructions to remand this action to state court.

I.

This action was originally filed in Bullitt County Circuit Court, Kentucky, on December 15, 1992. In February 1992, plaintiff had enacted Bullitt County Ordinance No. 92-3, "An Ordinance Relating to the Licensing and Regulation of Adult Entertainment Establishments and Their Employees." The ordinance contains provisions for the location, regulation, and licensing of adult entertainment establishments. Plaintiff alleged that defendants, who opened for business on December 4, 1992, violated the ordinance by locating within 1000 feet of a school and a church, 500 feet of a licensed premises for the sale of alcohol, 1000 feet of residentially zoned property, and by having more than one sign advertising its stock in trade. The complaint also averred that neither the owner nor any employee or performer had applied for a permit or license to the Bullitt County Judge/Executive as required by the ordinance. Plaintiff requested...

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