Standard-Examiner: Strip Club Not Ready to Shut Down

It appears to us that Lighthouse Lounge owner Mr. Chevalier is holding the most important legal card in this matter

The Standard-Examiner reports this morning that the Ogden City zoning issue respecting the Lighthouse Strip Club is far from over, and that club owner John Chevalier has filed an appeal of Boss Godfrey's decision to shut down all sexually-oriented operations at the club by July 6. Barring a resolution favorable to Mr. Chevalier, it looks like there's going to be a big legal battle:

• Strip club not ready to shut down; Lighthouse Lounge owner says Ogden city ordinance is illegal

As we reported in an earlier WCF article, Mr. Chevalier has already lawyered up; and he once again sets forth his legal posture in today's Jessica Miller story:

"We believe the ordinance is illegal," Chevalier said. "Their new ordinance does not follow state law. To get rid of a sexually-oriented business you have to let them (recoup) their investment or repay them. They are still just saying get out."

Being the curious type, we Googled, and happened upon an interesting online legal brief by Salt Lake City lawyers J. Craig Smith and Scott M. Ellsworth, which we believe, (at least upon cursory review,) accurately states the applicable Utah law on the subject, and fully supports Mr. Chevalier's above point:

• The Utah Law of Nonconforming Uses

Here's the controlling legal principle of Utah law (from the above linked brief,) which we believe will make Mr. Chevalier the ultimate winner if this matter winds up in court:

If property is in lawful use prior to the enactment of a restrictive zoning ordinance, and the new zoning ordinance prohibits the use (thereby rendering the use "nonconforming") the property is generally held to have a "grandfathered" or "vested" right to the nonconforming use.

It thus appears to us that Mr. Chevalier is holding the most important legal card in this matter; and we're hoping that Boss Godfrey will therefore exercise wisdom, and negotiate a solution which will not force the adverse parties into court. Having said that, we also recognize that Godfrey enjoys wasting taxpayer money tilting at legal windmills, so we'll stand by with abated breath, and continue to watch this matter as it develops.

So what say our gentle readers about all this? Will Boss Godfrey negotiate a solution which will keep this matter out of the courts? Or will Emerald City's Despot on Nine continue to exercise his iron hand, and do his part to foster a full employment economy for Utah lawyers?