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A Clark County judge is expected to rule on whether to grant or dismiss a preliminary injunction which would in part cause Theatair X to be closed between midnight and 6 a.m.

JEFFERSONVILLE — Parties in a civil lawsuit related to the operations of an adult business in Clarksville have entered proposed orders for a Clark County judge to consider.

The lawsuit involves Midwest Entertainment Ventures, which owns and operates adult theater and store Theatair X in Clarksville, AMW Investments, which owns the land where the business is located, and the Town of Clarksville.

In May, the business appealed an administrative decision by the Clarksville Town Council to revoke its business license, based on multiple alleged zoning and building code violations. The town filed a counterclaim in July for preliminary injunction, for the judge to compel the business to comply with a Clarksville zoning law — already on the books but bolstered in the summer with a new Sexually Oriented Business ordinance — that deals with adult businesses.

If upheld, it would mean that Theatair X would have to close between midnight and 6 a.m., and the interior would have to be reconfigured so that a manager could see all areas where patrons are allowed except restrooms.

On Friday, all parties filed their proposed orders to Clark County Circuit Court No. 4 Judge Vicki Carmichael on what they hope to see in the case as it relates to the preliminary injunction.

Midwest Entertainment Ventures proposes that the preliminary injunction shouldn't even be part of this case and that it be dismissed entirely, their filings stating that "this case has come before the court as an administrative appeal of an administrative action," it reads, in part. "The motion brought by the town for preliminary injunction is, therefore, not properly before this court."

AMW's filing states that as the entity owning the land, they should not be involved in a lawsuit involving Theatair X's business license; the company's proposed order stating that they were not brought into the suit by the business and that the town has never said the landowners operate the business or hold the business license.

The town filed two proposed orders — one approving the preliminary injunction and the other denying the business and landowner's motions to dismiss.

Attorneys for the town state in the dismissal denial order that it's allowed to bring the counterclaim for preliminary injunction, even though the initial case was filed as an administrative appeal by the business.

"The town's counterclaim for preliminary injunction does not arise out of the town's revocation of [Theatair X's] business license, which is the subject of the appeal," it states, in part.

"...Rather, that counterclaim targets the present, ongoing violations of the zoning ordinance and sexually oriented business ordinance, which govern Theatair X's operations regardless of its licensing status."

Aprile Rickert is the crime and courts reporter at the News and Tribune. Contact her via email at aprile.rickert@newsandtribune.com or by phone at 812-206-2115. Follow her on Twitter: @Aperoll27.

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