- 7 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011