We reported earlier today (third item) on this story in the Courier Journal:
A federal judge has cleared the way for legal action to continue in both federal and state courts in a dispute between the city of New Albany and the operator of an adult video and novelty store.Federal Judge Sarah Evans Barker's (SD Ind.) 7/22/04 rulings are now available, here ("For the above reasons, this court lacks subject matter jurisdiction over the City’s state court action seeking declaratory and injunctive relief of its own regulations and ordinances, despite possible objections to their constitutionality. Under 28 U.S.C. § 1447(c), we GRANT the City’s Motion to Remand and remand this action to state court. We also DENY the City’s Motion for Attorney Fees.") and and here ("For the above reasons, we DENY Defendant’s Motion to Dismiss on the basis of the Younger abstention doctrine."). Posted by Marcia Oddi at July 27, 2004 04:36 PM