Legal Opinion

Gammoh v. City of Anaheim

California Court of Appeal

Decided July 29, 1999No. G020502PublishedCited by 8 opinions

1Opinion of the Court

Opinion

SILLS, P. J.

This “adult cabaret” zoning case in state court begins with another such case involving the same city that was decided in federal court. In Dease v. City of Anaheim (C.D.Cal. 1993) 826 F.Supp. 336, the local federal district court struck down Anaheim’s conditional use permit zoning ordinance for “adult entertainment.” The sin of Anaheim’s ordinance, according to the Dease decision, was that it was not a true zoning ordinance, but a prior restraint on free speech because it invested the Anaheim Planning Commission with excessive substantive discretion as to whether a…

2Cases cited12 opinions

  1. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  2. City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
  3. Kowis v. HowardCalifornia Supreme Court · 1992
  4. Northend Cinema, Inc. v. City of SeattleWashington Supreme Court · 1978
  5. U. S. Financial v. SullivanCalifornia Court of Appeal · 1974

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3Cited by8 opinions

  1. N W Enterprises Inc v. The City of HoustonCourt of Appeals for the Fifth Circuit · 2003
  2. Karlsson v. Ford Motor Co.California Court of Appeal · 2006
  3. SP Star Enterprises, Inc. v. City of Los AngelesCalifornia Court of Appeal · 2009
  4. Carretti v. ItalpastCalifornia Court of Appeal · 2002
  5. Schmidt v. County of NevadaDistrict Court, E.D. California · 2011

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