Legal Opinion

Horton v. City of Oakland

California Court of Appeal

Decided July 24, 2000No. A085460PublishedCited by 13 opinions

American Civil Liberties Union Foundation of Northern California, Alan L. Schlosser, John M. Crew; and Michael B. Anderson for Plaintiffs and Appellants.

1Opinion of the Court

Opinion

CORRIGAN, J.

Appellants Sam C. Horton and Cheri Bryant, Oakland residents and taxpayers, brought this action to challenge a city ordinance authorizing civil forfeiture of vehicles involved in solicitation of prostitution or acquisition of controlled substances. Appellants argued unsuccessfully below that state law preempts the ordinance. We affirm the trial court’s judgment in favor of defendants.

Factual and Procedural Background

The ordinance was enacted in 1997 after citizens complained about the nuisance created by persons driving through neighborhoods to buy drugs or solicit acts of…

2Cases cited18 opinions

  1. Bishop v. City of San JoseCalifornia Supreme Court · 1969
  2. Sherwin-Williams Co. v. City of Los AngelesCalifornia Supreme Court · 1993
  3. In Re HubbardCalifornia Supreme Court · 1964
  4. California Federal Savings & Loan Ass'n v. City of Los AngelesCalifornia Supreme Court · 1991
  5. Johnson v. BradleyCalifornia Supreme Court · 1992

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3Cited by13 opinions

  1. O'CONNELL v. City of StocktonCalifornia Supreme Court · 2007
  2. Bame v. City of Del MarCalifornia Court of Appeal · 2001
  3. Apartment Ass'n v. City of Los AngelesCalifornia Court of Appeal · 2006
  4. California Veterinary Medical Ass'n v. City of West HollywoodCalifornia Court of Appeal · 2007
  5. City of San Jose v. International Assn. of Firefighters, Local 230California Court of Appeal · 2009

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