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Chris Bieri, Forum Communications, Published August 01 2012

East Grand Forks OKs site plan for adult-themed store

GRAND FORKS – An adult-themed store that is suing the city of East Grand Forks, Minn., now has approval of a kind to open in the city.

The city has approved a site plan for Fantasy’s, according to City Administrator Scott Huizenga, though the store’s legal battle to stay open in a commercial zone continues.

A federal judge granted owners Jim and Kim Patterson of Fargo an injunction last week to reopen while the dispute is settled. If they lose, they’d still have to move to an industrial zone, as the city demands.

Jim Patterson said he submitted a site plan in May and that it had been approved then. But Huizenga said it had not and that new plans submitted Monday were approved.

“They submitted a revised, completely different site plan. which was approved. and I think they have their certificate of occupancy now,” Huizenga said. “They did submit a plan (in the spring). It was not approved. It didn’t meet the specifications required. The current one does.”

Patterson said the business’s attorneys made the city aware of a recording of a spring meeting in which city officials gave approval of the initial plan, but another plan was submitted Monday that included parking spots.

The city shut down Fantasy’s in May after classifying the store as “adult use,” which must be in an industrial zone. The store is at 207 2nd Ave. NE, near the Louis Murray Bridge, which is in a commercial zone.

The Pattersons sued the city in U.S. District Court in Minneapolis claiming the city’s definition of adult use is too vague.

Trial dates have not been set.

Chris Bieri writes for the Grand Forks Herald

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