Cinema Arts, Inc., a Nevada Corporation v. The County of Clark and the Board of County Commissioners of Clark County, Nevada

Cinema Arts appeals from a district court order abstaining from the exercise of jurisdiction over Cinema Arts’ action against Clark County. We reverse and remand.

The Clark County Adult Use Ordinance (the Ordinance) restricts the location of all “adult uses” to a C-2 zoned area. Within the C-2 area no adult use is permitted within a three-hundred foot radius of another existing adult use; no customer entrance of an adult use is permitted within a two-hundred foot radius of any residential district, and no adult use is permitted within a five-hundred foot radius of a pre-exist-ing public school, library, place of worship or non-adult theater. Ordinance Sections 29.49.030(1-3).

Cinema Arts is a Nevada corporation which seeks to open an adult-oriented business in Clark County. For this purpose, Cinema Arts acquired land in an H-2 district which is zoned for general highway frontage use. Chapter 29.32 of the Clark County Code. Because adult uses are not permitted in an H-2 zone, Cinema Arts applied for a variance and a zone change. Both requests were denied by the zoning board and Cinema Arts has never challenged the board’s decision.

Cinema Arts then brought this action under 42…