A federal court has dismissed a lawsuit brought by a strip club that sued the City of Minot in 2017 over zoning restrictions.

U.S. District Judge Charles Miller dismissed the case Sept. 28 due to lack of response by Envy Gentlemen’s Club regarding the status of the case.

The case originated in July 2008 when the Minot City Council enacted an ordinance requiring strip clubs to locate in heavy industrial zones, away from residential areas, churches, schools, child-care facilities, hospitals, parks and playgrounds. The two existing clubs, Envy and The Chicago Club, had three years to relocate or conform to the ordinance by eliminating the portion of the bar business known as a cabaret.

Envy challenged the constitutionality in state district court and later sued in federal court. The federal court agreed with the City of Minot’s decision to dismiss but stayed the action since the state case still was open.

In February 2019, Envy told the federal court that it would be willing to dismiss its case in state court if the federal case would remain open. On Aug. 13, 2020, the federal court issued an order giving Envy until Aug. 31 to update it on the status of the state case.

Having not heard from Envy, the federal judge acted to dismiss the case.

“Envy’s dispute with the City has not been ongoing for the better part of a decade. Approximately 19 months have since passed since Envy last updated this court on the status of the proceedings it had initiated against the City in state district court. Envy has failed to keep this court apprised of the status of its state court action as directed,” he wrote.” “The court can see no compelling reason to allow this matter to further languish on the docket.”

The last action in state court occurred in 2011 when a temporary restraining order against enforcement of the city ordinance was lifted. The case is listed as closed on the court website.