Judge limits damage claim of adult video store closed by city

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The business that wants to be Augusta’s only adult video store has lost another round to the city.

In an order signed Tuesday, U.S. District Court Senior Judge Dudley H. Bowen Jr. ruled that while the X Mart Adult Supercenter owners were entitled to grandfather status as it applies to the city’s zoning ordinance, they were still held to provisions of the licensing ordinance that regulates what type of business can operate along the city’s gateway corridors.

The X Mart owners wanted to open at 1367 Gordon Highway, which is on one of the so-called gateway corridors.

Because of his ruling, X Mart owners can only recover potential damages from April 11 to July 18, 2002.

The owners contended they were entitled to damages from April 2002 to the present.

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Signal Always
3
Points
Signal Always 03/25/09 - 11:56 am
0
0
Gordon highway is to a

Gordon highway is to a gateway as the Exxon Valdez disaster is to a promotional video for Exxon.

Armywife
0
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Armywife 03/25/09 - 12:00 pm
0
0
Gateway corridor? That area

Gateway corridor? That area is a cesspool. At least the owners of the X-Mart building keep their property tidy and looking nice. Using the excuse that the area is a gateway corridor to keep the business from opening is an unconvincing argument by the city. I mean even if they don't open, the business is still there with a giant sign that people see when using this so-called gateway corridor.

Opinionated one1
0
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Opinionated one1 03/25/09 - 12:00 pm
0
0
How about all the strip

How about all the strip joints on Broad Steet. Isn't that a gateway to the city? Judge Dud Bowen is a joke.

elm1026
0
Points
elm1026 03/25/09 - 12:10 pm
0
0
Hmm, I bet they order their

Hmm, I bet they order their "items" from the internet! Gordon Highway is a scary place as is. A sex shop wouldn't change it for the worse.

TechLover
15
Points
TechLover 03/25/09 - 12:16 pm
0
0
Appeal the decision.

Appeal the decision.

PizzaLoverOU812
0
Points
PizzaLoverOU812 03/25/09 - 12:18 pm
0
0
All they are doing is giving

All they are doing is giving Mays more business, and it's in a "nicer"
area across the river. I agree with the person that says it's a cesspool area anyway, AND yes there are strip joints on Broad Street it's a pot calling the kettle black situation to me. Have you ever seen SOME of the skank's that work at those? Bless their hearts, they try. At least X Mart only sells products and not people's dignity like the strip joints do. Oh wait local politicians can't hire a dvd like they can hire a stripper to relieve all their weirdo desires. I guess they have to keep the strip joints in town for Masters Week. What a bunch of hypocrites our local politicians are. We'll never get out of the dark ages with that mentality. Thank The Lord for our blessed Internet so we can order our Porno without having to leave the house.

voluptuously_auburn1
0
Points
voluptuously_auburn1 03/25/09 - 12:23 pm
0
0
And in this day and age where

And in this day and age where tax revenue income is way down for the city - this judge is allowed to say "No"? Where's the pressure from the Mayor or RC Commissioners ???

drumbeater1
1
Points
drumbeater1 03/25/09 - 12:32 pm
0
0
voluptuosly auburn....some

voluptuosly auburn....some people have values that are not so easily bought and sold

museofsatie
586
Points
museofsatie 03/25/09 - 01:00 pm
0
0
Drumbeater, when those people

Drumbeater, when those people allow strip clubs to remain open and then turn around and fight to keep one, single sex shop closed, it's hard tell if they're doing it because of their values or not.

Anyway. This is just a bunch of crap. It's not as though they're trying to open a store in the middle of the well-to-do world of Columbia County, or in the middle of The Hill area. They're trying to open it in an area already known for its prostitution and drug hotels (thanks to the lack of money put towards that area).

HYPOCRITES 08
7
Points
HYPOCRITES 08 03/25/09 - 01:04 pm
0
0
Has Judge Bowen ever ruled

Has Judge Bowen ever ruled against the city in cases like this? I would not personally go there but I think it is wrong what they are doing in this case.

jff
0
Points
jff 03/25/09 - 01:07 pm
0
0
augusta sucks

augusta sucks

sprintman
0
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sprintman 03/25/09 - 02:01 pm
0
0
in the middle of well to-do

in the middle of well to-do world of Columbia county. Is that near the meth, crack, and coke spots in the county. Columbia highs schools are terrible drug schools.

Lp_J
0
Points
Lp_J 03/25/09 - 02:14 pm
0
0
whats worse in the gateway

whats worse in the gateway illegal drugs&prostitution or a legal video store come on augusta get with it

museofsatie
586
Points
museofsatie 03/25/09 - 02:17 pm
0
0
sprintman, yup, they're

sprintman, yup, they're terrible drug schools. However, that doesn't mean that the parents of those kids aren't rich and attempting to be high society.

3M3T1B
7
Points
3M3T1B 03/25/09 - 02:54 pm
0
0
jff - you hit that nail right

jff - you hit that nail right on the head, and hard too.

BearcatSmith
0
Points
BearcatSmith 03/25/09 - 02:56 pm
0
0
Gateway - My A**, just take a

Gateway - My A**, just take a ride along the road from the Airport to Gordon Hwy and look at what is there. A sewer plant, two flea markerts, a Upullit car/junk yard, and brick factory. Just what every city needs as a "Fisrt Sight" for people just arriving at the "Garden City". In MHO Augusta is against X-Mart because it was not opened by one of the good-ole-boys of Augusta.

rufus
2
Points
rufus 03/25/09 - 03:21 pm
0
0
Get back on the cucumbers

Get back on the cucumbers

mad_max
0
Points
mad_max 03/25/09 - 03:45 pm
0
0
I hope X-Mart sues (in a real

I hope X-Mart sues (in a real court of law) and gets fully reimbursed from 2002 to present. I am tired of our clown commissioners, the mayor, and the administrator wasting our time, and tax money trying to prevent one business from opening a mile down the road from the sewage treatment plant. From what I see, X-Mart might be a bright spot for tax revenue in Disgusta. It is a perfectly legal business and they tried to open in a perfectly legal place at the time they filed. Then our pompous old fools commissioners got on their faux moral high horses and targeted them. Of course Augusta owes them damages from April 2002 and I hope they get every penny if they can find a fair courtroom and judge (which is hard to do in this town).

Riverman1
79107
Points
Riverman1 03/25/09 - 03:45 pm
0
0
FOLLOW THE MONEY. The Broad

FOLLOW THE MONEY. The Broad St. Strip clubs take care of the boys and the boys take care of them.

imdstuf
10
Points
imdstuf 03/25/09 - 04:32 pm
0
0
This will escalate and the

This will escalate and the city will waste more money and eventually lose most likely. It is a sad situation of how the city wastes money so some politicians can ignore the laws they are to uphold just to get the votes of some hypocritical bible thumpers.

thoga
0
Points
thoga 03/25/09 - 04:46 pm
0
0
How can that be a

How can that be a gateway--has anyone been on the Gordon Highway lately??? Even in its hey day it was not all that--but now God help us if that is a best foot forward area. Of course Washington Road is no peach anymore either. Trash--and I don't mean the kind on the ground--is all over Augusta and something needs to be done. It is sad to see the decline.

420Time
0
Points
420Time 03/25/09 - 05:24 pm
0
0
What happened to the first

What happened to the first amendment here?

APiratesLife4Me
0
Points
APiratesLife4Me 03/25/09 - 05:45 pm
0
0
But yet they allow that

But yet they allow that homotel with the rainbow flags on that same gateway to the city. Are you kidding me? Got to love a place that puts up tarps to keep anyone from seeing who is parked there overninght? Nice view from the "gateway".

spartan22
0
Points
spartan22 03/25/09 - 05:51 pm
0
0
Judge Dud Bowen oughta be

Judge Dud Bowen oughta be PUNKED.
GAteway...?????where does he live Palm Springs, puuulleeeeeezzz.

BamaMan
2181
Points
BamaMan 03/25/09 - 05:59 pm
0
0
It is the gateway because

It is the gateway because it's the main road from the airport to downtown Augusta. How is that so hard to understand? Hopefully though, most people coming in go West on Bobby Jones to West Augusta, Martinez and Evans area. And yes, that area is a cesspool.

disssman
6
Points
disssman 03/25/09 - 06:31 pm
0
0
Funny but I haven't seen any

Funny but I haven't seen any of the $500,000 signs we bought last year to let people know their way, along Gordon Highway. Now either they forgot it was a gateway or it really isn't a gate way. In any event, when the store files an appeal they should make the missing signs a point of contention in the case. BTW, I really havent seen any of the new signs to let me know when I am in the beautiful downtown district, has anyone seen them, I know we have purchase them and they were delivered. Maybe they are being held back for Masters and will be taken down soon afterwards.

justus4
99
Points
justus4 03/25/09 - 06:33 pm
0
0
The city will loes
Unpublished

The city will loes eventually. The so-called gandfather clause law applies and this ruling will only tack on more time for the dollars to accumulate. Pay them now, or pay them later.

FedupwithAUG
0
Points
FedupwithAUG 03/25/09 - 07:04 pm
0
0
disssman I know I saw one of

disssman I know I saw one of the signs on broad street near 9th street. I guess to let you know you arrived.

FedupwithAUG
0
Points
FedupwithAUG 03/25/09 - 07:07 pm
0
0
I hope the city dosn't allow

I hope the city dosn't allow a jury trial. From what is sounds like they will loose big-time. Come on people we have to give the sex offenders something to do in one of the only areas of the county they can live. Call it a supermarket for sex-offenders.

gogbd
0
Points
gogbd 03/25/09 - 08:00 pm
0
0
WOW, the trashman hasnt been

WOW, the trashman hasnt been called in yet?

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