MEMORANDUM DECISION
LYNCH, District Judge.
This case is before the Court on defendant City of Hayward's motion for summary judgment. The City seeks a ruling that a local land use measure pertaining to plaintiff Fry ("Measure 1") is not invalid as a violation of the equal protection clause. For the reasons explained below, this Court denies summary judgment in favor of the City and instead grants summary judgment in favor of Fry.
BACKGROUND
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