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MIC leased the Property to Beverly under a 5-year lease that
ran from March 1986 to February 1991. The lease provided that
Beverly would pay MIC rent at an annual rate of $3.42 per square
foot, the landlord would pay the real estate taxes, and the
tenant would pay all other property expenses. The Property was
zoned B-3, General Business District, which permitted adult uses,
including adult bookstores, cabarets, conversation/rap parlors,
health/sports clubs, massage parlors, and motion picture
theaters. The B-3 zoning also permitted the Property to offer
more than one adult use at that site. The Property enjoyed value
due to its zoning, location, traffic, and its ability to offer a
number of adult uses at one site.
In the early 1980's, the City of St. Paul (the City) had
begun to make a sweeping attempt to drive out of the City all
adult oriented businesses. The first business owner to be
subjected to the City's scrutiny was Ferris Alexander
(Alexander), an owner and operator of a number of adult related
bookstores, bars, theaters and other entertainment facilities in
St. Paul. One of Alexander's assets was the Flick Theater (the
Flick), a 9,760 square foot establishment that offered the same
types of adult entertainment as the Faust. The Flick, which was
situated across the street from the Faust, was in worse physical
condition than the Faust. The Flick was rundown and "seedy", and
it had limited usable footage.
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Last modified: May 25, 2011