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TOLLIS, INC. v. SAN BERNARDINO COUNTY

No. 86-6080.

827 F.2d 1329 (1987)

TOLLIS INC.; Eyeful, Inc., Plaintiffs-Appellees, v. SAN BERNARDINO COUNTY; Board of Supervisors of the County of San Bernardino; Cal McElwain; Barbara C. Riordan; Robert Hammock; Larry Schoelkofp; Dennis R. Johnston, Defendants-Appellants, and Robert O. Townsend, Defendant.

United States Court of Appeals, Ninth Circuit.

Decided September 14, 1987.

Attorney(s) appearing for the Case

John H. Weston, Robert Sarno, G. Randall Garrou, Brown, Weston & Sarno, Beverly Hills, Cal., for plaintiffs-appellees.

Paul Mordy, San Bernardino, Cal., for defendants-appellants.

Before WALLACE, BEEZER and HALL, Circuit Judges.

WALLACE, Circuit Judge:

The County of San Bernardino (County) appeals the district court's injunction enjoining enforcement of the County's adult business zoning ordinance. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I

In June 1985, the County enacted Ordinance No. 2940, an urgency zoning ordinance applicable to "adult oriented businesses" within the County. In July, the County amended Ordinance No. 2940 through another urgency...

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