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WALNUT PROPERTIES, INC. v. CITY OF WHITTIER

Nos. 86-5645, 87-5748, 87-5859 and 87-5956.

861 F.2d 1102 (1988)

WALNUT PROPERTIES, INC., a California corporation; and Vincent Miranda, Plaintiffs-Appellees, v. CITY OF WHITTIER; M.D. Klaxton; R.L. Henderson; L.A. Strong; James Bale, as Chief of Police, City of Whittier; J. Robert Flandrick, as City Attorney, City of Whittier; and Whittier City Council, Defendants-Appellants. WALNUT PROPERTIES, INC., a California corporation, Plaintiff-Appellee, v. J. Robert FLANDRICK; James Bale; City of Whittier; Whittier City Council; and Elvin Porter, Defendants-Appellants. WALNUT PROPERTIES, INC., a California corporation; and Vincent Miranda, Plaintiffs-Appellees, v. CITY OF WHITTIER; M.D. Klaxton, R.L. Henderson, L.A. Strong, Gene Chandler, and V.A. Lopez, as Members of the Whittier City Council; James Bale, as Chief of Police of the City of Whittier; and J. Robert Flandrick, as City Attorney of the City of Whittier, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 9, 1988.

Attorney(s) appearing for the Case

J. Robert Flandrick and Virginia Pesola, City Attys. and Burke, Williams & Sorensen, Los Angeles, Cal., for defendants-appellants.

Stanley Fleishman, Fleishman, Fisher & Moest, Los Angeles, Cal., for plaintiffs-appellees.

Before BROWNING, HUG and REINHARDT, Circuit Judges.

HUG, Circuit Judge:

In this action, Walnut Properties, Inc. ("Walnut") challenges the constitutionality of a municipal zoning ordinance which regulates the location of adult businesses. The city of Whittier, California ("City") adopted an ordinance prohibiting, among other things, the location of adult businesses within 1,000 feet of a church. Walnut's adult "Pussycat" Theater violates that provision. At issue is whether enforcement of the ordinance would deprive...

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