the type of area the city cares to allow. In other words, zoning is a planning system to support either industrial, commercial, or residential areas. If an area is commercial, it should limit the area to certain enterprise. If a city decides that an enterprise in causing a disruption within the area it exists, then it should not allow the product to be sold in that area at all. The decision held in the National Paint and Coatings Association v. Chicago case is an example where the city council outlaws spray paint and big markers in the city of Chicago. The court found that there was "no mistreatment and there is no fundamental right to sell paint therefore the license to sell paint can be denied by the city. The selling of adult entertainment can be denied completely because there is no fundament right to sell adult entertainment however, there is a fundamental right to own property, acquire property, and use the property according to the zone be it a commercial area for enterprise purposes. The third issue is that in regulating a adult entertainment, the city has taken the private property of the owners for a public good. The government has taken the action to intrude upon the ownership of property and has force that property to no longer be of use to that owner. This constitutes a "takings" by the government and the owners should be compensated for its losses. This is the strongest argument for the action in suit to resolve the dispute on behalf of the NYAEE. Holding.It is important to include some relevant case law that invokes the issue of a takings in order support the argument of a takings in this instance. In the Penn Central Transportation v. New York City 1978, the court's deliberation found that the action by the city did not constitute a takings. Justice Brennan found that the economic impact, the physical invasion by the government, the significant impact of the property in the realm of freedom and ability, an...
