Fennell v. Butler, Nos. 77-1782 and 77-1822

CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)
Writing for the CourtBefore LAY, BRIGHT and WEBSTER; LAY
Citation570 F.2d 263
PartiesRev. Dianne FENNELL, Appellant, v. Rosalie BUTLER, Councilwoman, Donald D. Wozniak, Harriet Lansing, City Attorney, Philip B. Byrne, Deputy City Attorney, James M. Campbell, and the Minnesota State Board of Medical Examiners, Appellees. Charles SMITH, Individually and d/b/a Red Carpet Sauna, C. J. Russell, Inc., d/b/a Civic Center Sauna, L. D. Dagell, Inc., d/b/a the Massage Emporium, Cosmopolitan, Inc., d/b/a Cosmopolitan Sauna, Lee LeNore Ehrlichman, Individually and d/b/a Lee LeNore's Sauna, St. Paul Comfort Center, Inc., d/b/a St. Paul Comfort Center, Appellants, v. The CITY OF ST. PAUL, Minnesota, George Latimer, Individually and as Mayor of the City of St. Paul, Harriet Lansing, Individually and as St. Paul City Attorney, Rosalie Butler, David H. Hozza, Ruby Hunt, Leonard Levine, Victor Tedesco, Individually and as Members of the St. Paul City Council, Dr. Paul Cox, Individually and as Director of the Division of Public Health, Appellees.
Decision Date06 February 1978
Docket NumberNos. 77-1782 and 77-1822

Page 263

570 F.2d 263
Rev. Dianne FENNELL, Appellant,
v.
Rosalie BUTLER, Councilwoman, Donald D. Wozniak, Harriet
Lansing, City Attorney, Philip B. Byrne, Deputy City
Attorney, James M. Campbell, and the Minnesota State Board
of Medical Examiners, Appellees.
Charles SMITH, Individually and d/b/a Red Carpet Sauna, C.
J. Russell, Inc., d/b/a Civic Center Sauna, L. D. Dagell,
Inc., d/b/a the Massage Emporium, Cosmopolitan, Inc., d/b/a
Cosmopolitan Sauna, Lee LeNore Ehrlichman, Individually and
d/b/a Lee LeNore's Sauna, St. Paul Comfort Center, Inc.,
d/b/a St. Paul Comfort Center, Appellants,
v.
The CITY OF ST. PAUL, Minnesota, George Latimer,
Individually and as Mayor of the City of St. Paul, Harriet
Lansing, Individually and as St. Paul City Attorney, Rosalie
Butler, David H. Hozza, Ruby Hunt, Leonard Levine, Victor
Tedesco, Individually and as Members of the St. Paul City
Council, Dr. Paul Cox, Individually and as Director of the
Division of Public Health, Appellees.
Nos. 77-1782 and 77-1822.
United States Court of Appeals,
Eighth Circuit.
Submitted Jan. 30, 1978.
Decided Feb. 6, 1978.
Rehearing Denied in No. 77-1782 Feb. 28, 1978.

Rev. Dianne Fennell, pro se.

Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., and Robert T. Holley, Sp. Asst. Atty. Gen., Minneapolis, Minn., filed brief for appellee, Minnesota State Board of Medical Examiners.

Beryl A. Nord, Asst. City Atty., St. Paul, Minn., filed brief for appellees Rosalie Butler, Harriet Lansing and Philip B. Byrne, in 77-1782 and filed brief for appellees in 77-1822.

Earl P. Gray of Collins & Buckley, St. Paul, Minn., filed brief for appellants.

Before LAY, BRIGHT and WEBSTER, Circuit Judges.

LAY, Circuit Judge.

These two appeals arise from separate orders of the district court, the Honorable Donald D. Alsop presiding, denying the plaintiffs' motions for preliminary injunction. The Fennell appeal, No. 77-1782, relates to an attempt by the plaintiff to restrain

Page 264

the City of St. Paul from enforcing an amended ordinance relating to licensing provisions and restrictions on the hours of operation of saunas and massage parlors, and to compel the issuance of a license to practice massage by the Minnesota State Board of Medical Examiners.

In the Smith appeal, No. 77-1822, the plaintiffs, owners and operators of massage and sauna parlors in the City of St. Paul, sought to challenge the constitutionality of the same ordinance, which changed the required closing hours for...

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47 practice notes
  • Planned Parent. Mn, N. Dakota, S. Dakota v. Rounds, No. 05-3093.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • June 27, 2008
    ...required any party seeking a preliminary injunction to show a "substantial probability of success at trial." Fennell v. Butler, 570 F.2d 263, 264 (8th Cir. 1978). This requirement, in combination with a showing that irreparable injury would occur absent the injunction, was referre......
  • Barnhorst v. Mo. State High Sch. Activities Ass'n, No. 80-1036-CV-W-3.
    • United States
    • United States District Courts. 8th Circuit. Western District of Missouri
    • December 16, 1980
    ...F.2d 125, 127 (8th Cir. 1979); Modern Controls, Inc. v. Andreadakis, 578 F.2d 1264, 1267 & n. 4 (8th Cir. 1978); Fennell v. Butler, 570 F.2d 263, 264 (8th Cir.), cert. denied, 437 U.S. 906, 98 S.Ct. 3093, 57 L.Ed.2d 1136 (1978). As Chief Judge John W. Oliver of this District pointed out......
  • Minnesota Public Interest Research Group v. Adams, No. Civ. 4-73-461.
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • December 7, 1979
    ...fair ground for litigation and a balance of hardships tipping decidedly toward the party requesting preliminary relief. Fennell v. Butler, 570 F.2d 263, 264 (8th Cir.), cert. denied, 437 U.S. 906, 98 S.Ct. 3093, 57 L.Ed.2d 1136 (1978). The Court has determined that under either test of Fenn......
  • Dataphase Systems, Inc. v. C L Systems, Inc., No. 80-1111
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • January 7, 1981
    ...870, 875-76 (8th Cir.), cert. denied sub nom. Young v. Landrieau, 444 U.S. 993, 100 S.Ct. 526, 62 L.Ed.2d 423 (1979); Fennell v. Butler, 570 F.2d 263, 264 (8th Cir.), cert. denied, 437 U.S. 906, 98 S.Ct. 3093, 57 L.Ed.2d 1136 (1978). Perhaps due to dissatisfaction with restrictive practical......
  • Request a trial to view additional results
45 cases
  • Planned Parent. Mn, N. Dakota, S. Dakota v. Rounds, No. 05-3093.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • June 27, 2008
    ...1978, we required any party seeking a preliminary injunction to show a "substantial probability of success at trial." Fennell v. Butler, 570 F.2d 263, 264 (8th Cir. 1978). This requirement, in combination with a showing that irreparable injury would occur absent the injunction, was referred......
  • Barnhorst v. Mo. State High Sch. Activities Ass'n, No. 80-1036-CV-W-3.
    • United States
    • United States District Courts. 8th Circuit. Western District of Missouri
    • December 16, 1980
    ...597 F.2d 125, 127 (8th Cir. 1979); Modern Controls, Inc. v. Andreadakis, 578 F.2d 1264, 1267 & n. 4 (8th Cir. 1978); Fennell v. Butler, 570 F.2d 263, 264 (8th Cir.), cert. denied, 437 U.S. 906, 98 S.Ct. 3093, 57 L.Ed.2d 1136 (1978). As Chief Judge John W. Oliver of this District pointed out......
  • Minnesota Public Interest Research Group v. Adams, No. Civ. 4-73-461.
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • December 7, 1979
    ...fair ground for litigation and a balance of hardships tipping decidedly toward the party requesting preliminary relief. Fennell v. Butler, 570 F.2d 263, 264 (8th Cir.), cert. denied, 437 U.S. 906, 98 S.Ct. 3093, 57 L.Ed.2d 1136 (1978). The Court has determined that under either test of Fenn......
  • Dataphase Systems, Inc. v. C L Systems, Inc., No. 80-1111
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • January 7, 1981
    ...870, 875-76 (8th Cir.), cert. denied sub nom. Young v. Landrieau, 444 U.S. 993, 100 S.Ct. 526, 62 L.Ed.2d 423 (1979); Fennell v. Butler, 570 F.2d 263, 264 (8th Cir.), cert. denied, 437 U.S. 906, 98 S.Ct. 3093, 57 L.Ed.2d 1136 (1978). Perhaps due to dissatisfaction with restrictive practical......
  • Request a trial to view additional results

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