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MASSACHUSETTS APPEALS COURT DISMISSES SPRINGFIELD'S AMAZING.NET ADULT'S SUIT
By: William Lopez, Staff Writer - 06-03-10 - 10:30 a.m. PDT
Email William@JRLChartsonline.com
The state of Massachusetts' Appeals Court has dismissed a court case involving the city of Springfield and the recently closed Amazing.net Adult.net video store which was located at 486 Bridge Street, saying the city’s appeal of a 2008 ruling is a moot issue.The decision by the state court ends a prolonged legal battle between the city and Capital Video Corp., of Cranston, R.I., which was operating the business, Amazing.net Adult video store.
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The downtown store voluntarily shut down back in April 2010, citing a decline in business and blamed the economic recession on their decision.
The city was asking the Massachusetts' Appeals Court to rule that the city acted properly in denying the store’s request for an annual entertainment license in 2008, needed to operate private video viewing booths. The city was seeking to overturn a ruling by Hampden Superior Court Judge Cornelius J. Moriarty in 2008 that sided with the store’s right to have the license.
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The Appeals Court said the issue is moot because the license expired at the end of 2008, regardless of the ongoing court action, with the business able to get a new license approved. Even if the Appeals Court concluded that Moriarty erred in his ruling, it “would have no practical effect on the (city’s) interests,” regarding the scope of its authority, the Appeals Court ruled.
Capital Video, represented by lawyer Thomas Lesser, had argued before the Appeals Court in April that the city’s appeal was moot because the license was subsequently approved. The Appeals Court said it agreed.
The city, in issuing the 2010 license, had ordered Capital Video business to remove the doors of all 13 video booths used by its customers, claiming knowledge of “lewd and lascivious behavior.”
