Legal Opinion

Atl Corporation v. City of Seattle

Court of Appeals for the Ninth Circuit

Decided June 25, 2013No. 12-35316Unpublished

1Opinion of the Court

MEMORANDUM **

After the entry of final judgment following a three-day bench trial, ATL Corporation appeals two interlocutory orders granting partial summary judgment in favor of the City of Seattle. We have jurisdiction under 28 U.S.C. § 1291.

The district court erred in granting partial summary judgment to the City with respect to the constitutionality of the dispersion ordinance in its July 19, 2010 order (amended June 10, 2011), because the City failed to meet its burden of proving that there were a reasonable number of sites available for adult cabaret use. See Isbell v. City of San Diego,…

2Cases cited7 opinions

  1. United States v. WilliamsSupreme Court of the United States · 2008
  2. In Re Peter Gottheiner, Bankrupt. United States of America v. Peter GottheinerCourt of Appeals for the Ninth Circuit · 1983
  3. Colacurcio v. City of KentCourt of Appeals for the Ninth Circuit · 1998
  4. Philip Young v. City of Simi ValleyCourt of Appeals for the Ninth Circuit · 2000
  5. Lim v. City of Long BeachCourt of Appeals for the Ninth Circuit · 2000

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