U.S. District Judge Dudley H. Bowen Jr. made the decision this afternoon after almost two days of testimony. pp The X-Mart tried to open in 2002, but the city rejected its request for an adult entertainment license. The store sued to get a license and won, but the city changed its regulations three months later. The X-Mart was finally allowed to open in January of 2003, so the court is looking at the records of the first 99 days of business to determine how much money the X-Mart should get.
“Our claim is for $204,000, roughly, plus attorneys fees, and it’s simply the lost profit and the loss opportunity just during a period of 99 days, if you can believe that,” said X-Mart attorney Gary Edinger.
The store owner testified the store made $168,000 in profits during the first 99 says of business, in 2003, and he testified the store had $35,000 in costs associated from being closed in 2002. Bowen pointed out that in the 332 days X-Mart was open in 2003, it did $1.4 million in business.
There is no word on whether the city will appeal the decision.
