DENVER (AP) — A federal appeals court has reversed the dismissal of a lawsuit against the city of Ogden, which banned a nude dance club from opening in an industrial park.

The 10th U.S. Circuit Court of Appeals ruled last week that the actions of Ogden officials were a form of prior restraint, and a lower court judge was wrong in dismissing the case.

"This because-I-said-so approach is startling," the court said of the city's actions.

One judge on the three-judge panel dissented.

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The club's owner, Michelle Lutz, said her First Amendment rights were violated when Ogden leaders determined her nude juice bar couldn't operate in the Ogden City Industrial Park.

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