Legal Opinion

Tovar v. Billmeyer

Court of Appeals for the Ninth Circuit

Decided December 15, 1983No. 82-3258PublishedCited by 27 opinions

1Opinion of the Court

REINHARDT, Circuit Judge:

The City Council of Pocatello, Idaho made two zoning decisions that prevented plaintiffs from operating their adult theater and bookstore at a newly acquired site. Plaintiffs challenged the City’s action in federal district court, and the district judge granted summary judgment for defendants. The question presented on appeal is whether summary judgment is proper in a case where the City’s zoning decisions may have been motivated by a desire to suppress protected first amendment expression. We hold that summary judgment is inappropriate and reverse.

FACTS

In 1972…

2Cases cited15 opinions

  1. Miller v. CaliforniaSupreme Court of the United States · 1973
  2. Young v. American Mini Theatres, Inc.Supreme Court of the United States · 1976
  3. Harper v. Virginia Board of ElectionsSupreme Court of the United States · 1966
  4. Winters v. New YorkSupreme Court of the United States · 1948
  5. Schad v. Borough of Mount EphraimSupreme Court of the United States · 1981

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3Cited by27 opinions

  1. City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
  2. Cinevision Corp. v. City of BurbankCourt of Appeals for the Ninth Circuit · 1984
  3. Robert L. Arnsberg, and Cross-Appellant v. United States of America, and Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1985
  4. City of Las Vegas v. FoleyCourt of Appeals for the Ninth Circuit · 1984
  5. Walnut Properties, Inc. v. City of WhittierCourt of Appeals for the Ninth Circuit · 1988

22 more not listed; retrieve them via the Exa API.

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