Starship Enterprises of Atlanta Inc. v. Fulton County

Full title: STARSHIP ENTERPRISES OF ATLANTA, INC., Plaintiff, v. FULTON COUNTY, a…

Court: United States District Court, N.D. Georgia, Atlanta Division

Date published: Jan 30, 2006

Civil Action No. 1:05-CV-0238-JOF (N.D. Ga. Jan. 30, 2006)

Opinion

Civil Action No. 1:05-CV-0238-JOF.

January 30, 2006

OPINION AND ORDER

J. FORRESTER, District Judge

This matter is before the court on Defendants' motion for a protective order [8], as well as Plaintiff's motion for preliminary injunction [10], motion to exceed pages [11], and Plaintiff's motion to add party [21-1] and expedite hearing [21-2].

On January 27, 2005, Plaintiff, Starship Enterprises of Atlanta, Inc., filed a suit against Defendants, Fulton County, Tom Lowe, Robb Pitts, William Edwards, Nancy A. Boxill, Emma I. Darnell, Karen C. Handel, Lynne Riley, and Steven Cover, alleging that their conduct constituted an unconstitutional prior restraint, violated substantive due process, and constituted an unconstitutional taking. On June 23, Defendants filed a motion for a protective order. On July 13, Plaintiff filed a motion for preliminary injunction and a motion for leave to file excess pages. The court held a hearing on the matter on December 19, 2005. At this hearing it was brought to the court's attention that Plaintiff's establishment would be located in the newly-formed City of Sandy Springs. The court continued the action pending review once the City of Sandy Springs had been added as a Defendant. On December 20, Plaintiff filed a motion to add the City of Sandy Springs as a party.

The court GRANTS Plaintiff's motion to add the City of Sandy Springs as a Defendant to this action [21-1]. The court DENIES WITH LEAVE TO RENEW Plaintiff's motion to expedite hearing [21-2]. Considering the nature of this suit and that Plaintiff's establishment is now located within the newly-incorporated City of Sandy Springs and subject to its ordinances, the court DENIES AS MOOT Defendants' motion for a protective order [8], Plaintiff's motion for preliminary injunction [10] and motion to file excess pages [11].

Plaintiff may file a new motion for preliminary injunction within twenty days (20) of the signing of this order. Should Plaintiff wish an expedited hearing on this matter, it should file a motion within twenty (20) days of this order.

IT IS SO ORDERED.