HAGERSTOWN - The attorney for a Hagerstown adult bookstore said he would appeal a judge's decision Wednesday that stated the business is operating in violation of city zoning laws.
Howard J. Schulman, attorney for the owners of The Video Store at 23 E. Washington St., said he would file the appeal within 30 days.
The decision, made by Washington County Circuit Court Judge John H. McDowell, upheld one that was handed down earlier this year by the City of Hagerstown's Board of Zoning Appeals.
When The Video Store opened, it was acceptable for adult businesses to operate in C3 districts.
After the new zoning laws were passed, however, The Video Store and city officials began arguing in 2005 whether the business should move from its current home in a C3 (central commercial) zoning district, which prohibits adult businesses, to a C2 (commercial general) zoning district.