ABCDE Operating, LLC v. Detroit, City of et al

Filing 12

ORDER regarding submission of approval to Michigan Liquor Control Commission pursuant to MCL 436.1916(10). Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

ABCDE OPERATING, LLC, A Limited Liability Company, Doing Business As THE PENTHOUSE CLUB, Plaintiff -vsTHE CITY OF DETROIT, A Municipal Corporation, KARLA HENDERSON, Individually and in Her Official Capacity As Director of the DEPARTMENT OF BUILDING & SAFETY ENGINEERING, A Municipal Agency, and JANICE M. ORDER REGARDING SUBMISSION WINFREY, Clerk of THE CITY OF OF APPROVAL DETROIT, in her Official Capacity, Defendants. TIMOTHY P. MURPHY (P25941) [e-mail] Attorney for Plaintiff 20816 East 11 Mile Road, Suite 111 St Clair Shores, Michigan 48081-1578 586.779.8416 fax [phone] ERIC B. GAABO (P39213) [e-mail] Attorney for Defendants 660 Woodward Ave., Ste. 1650 Detroit, MI 48226 313.237.3052 Case No: 2:09-CV-14969 HON. GEORGE CARAM STEEH

ORDER REGARDING SUBMISSION OF APPROVAL TO MICHIGAN LIQUOR CONTROL COMMISSION PURSUANT TO MCL § 436.1916(10) The Court having concluded and declared that the Plaintiff was entitled to the approval of the Detroit City Council and the Chief of Police on its Petition 1313 requesting the transfer of Entertainment and Topless Activity Permits on November 20, 2009, but that there may now exist conditions which would

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constitute adequate and sufficient grounds for disapproval of the Petition, and the Court being advised in the premises, IT IS ORDERED that upon the filing of an Affidavit by Plaintiff's Counsel affirmatively demonstrating that the claimed violation of the City's Sign Ordinance constituting adequate and sufficient grounds for disapproval of the Petition has been remedied by removal of the claimed violating sign or replacement by a sign not exceeding 319 square feet in area, this Order may be transmitted to the Michigan Liquor Control Commission. IT IS FURTHER ORDERED that upon transmission to and receipt by the MLCC, this Order shall constitute the approval of the local legislative body within the meaning of MCL § 436.1916(10)(b) and shall constitute the approval of the chief law enforcement officer of the jurisdiction within which the premises are located within the meaning of MCL § 436.1916(10)(c). Upon the receipt of this Order by MLCC, Count 4 shall be dismissed with prejudice and without costs.

Dated: January 21, 2010 s/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE

Approved as to form: s/Timothy Patrick Murphy Attorney for Plaintiff s/Eric B. Gaabo______________ Senior Assistant Corporation Counsel Attorney for Defendants

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