Amusing Sandwich, Inc. v. City of Palm Springs

Opinion

McDANIEL, J.

The Amusing Sandwich (plaintiff) is a video game and fast food operation, which claims to be “The Only Video Arcade in Downtown Palm Springs.” The action in the trial court was brought by plaintiff against the City of Palm Springs (City), seeking an injunction to prevent the enforcement of a City interim ordinance prohibiting the installation of any video games in City’s central business district (CBD). City filed a cross-complaint, claiming that plaintiff’s violation of the ordinance was a nuisance per se and should be abated. While the action was pending, the interim…