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The City purchased an option from Alexander in December 1983
to buy the Flick for $300,000 within the next 4 years. The
option stated that the purchase price would increase to $750,000
if the City "adopts an ordinance which regulates adult
entertainment and prohibits such activity outside an area having
a new zoning classification enacted specifically for such
purposes, and which ordinance grants or has granted a non-
conforming use or "grandfather" status to the current use of the
Optioned Property at the time of the exercise of the Option".
The City exercised its option to purchase the Flick on or before
the December 1987 expiration date, and, following extensive
litigation that prolonged the 4-year period in which the City
would have otherwise had to purchase the Flick, purchased the
Flick in or about the summer of 1989 for $300,000. When the City
exercised its option to buy the Flick, the City had not yet
passed the type of ordinance that would have increased the
purchase price to $750,000. In mid-1988, the City passed such an
ordinance. At that time, the City amended its zoning code to
include distance restrictions from other adult uses, residential
property, day care, churches, libraries, parks, hotels, and fire
stations. The amendments also prohibited additional multiplexing
of adult entertainment uses at one site. The Property was
"grandfathered" from these amendments, and this grandfathered
status ran with the land in that it was transferable to any owner
of the Property. Following these amendments, the Faust was the
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Last modified: May 25, 2011