Decision
I think even the county will be so glad to have this behind them that piling on of new, unusual restrictions is unlikely, until they get their bill!
Each justice characterized the 11th hour consessions as broad, sweeping, etc.
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The County now avers that a gun show is an event within the meaning of the exception . . . . We hold the county to it's interpretation of the ordinance, . . .
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Twelve years into this appeal, the County now represents that its ordinance presents no barrier to conducting gun shows. Contrary to its previous assertions, the County now concedes . . .etc, etc,
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The County's sweeping concession - made at oral argument before the en banc court - change the game and make this a far different case from the one argued before the three judge panel.
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In light of the breadth of the County's concessions at oral argument, I am satisfied that the ordinance, as applied to Plaintiff's gun shows and as now interpreted by the County, survives this [undue burden] standard
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Looks to me like Don's going to get paid. May it cause an
undue burden on the county coffers.