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The City Council denied a conditional-use permit for Dick & Jane’s Super Spot in 2017. The owner, David Eliason, filed a lawsuit.
A judge ruled that portions of the city’s laws against sexually oriented businesses are unconstitutional. If City Council members were surprised, City Attorney Joel Landeen was not.
“I don't think it was any secret that our office advised them that the denial was probably not a good idea, and it would probably not turn out well for us in court,” Landeen said.
The judge’s ruling in 2019 did not resolve the case. The two sides continued fighting over damages until recently. Landeen said the city whittled the amount down from the store owner’s request for more than $500,000.