CITY OF OAKLAND v. SUPERIOR COURT

Docket No. A068638.

45 Cal.App.4th 740 (1996)

CITY OF OAKLAND et al., Petitioners, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; CALIFORNIA BEVERAGE RETAILER COALITION et al., Real Parties in Interest.

Court of Appeals of California, First District, Division Four.

May 20, 1996.


Attorney(s) appearing for the Case

COUNSEL

Jayne W. Williams, City Attorney, Joyce M. Hicks and Randolph W. Hall, Assistant City Attorneys, Robert J. Graham and Mark P. Wald, Deputy City Attorneys, Siegel, Yee & Jonas and Dan Siegel for Petitioners.

John L. Fellows III, City Attorney, as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Rogers, Joseph, O'Donnell & Quinn, Renee D. Wasserman, Donahue, Gallagher, Woods & Wood and A. Clifford Allen for Real Parties in Interest.

Pillsbury, Madison & Sutro, James M. Seff, Kevin M. Fong and J. Daniel Davis as Amici Curiae on behalf of Real Parties in Interest.


OPINION

REARDON, J.

Many California cities must grapple with nuisances associated with alcoholic beverage sale establishments. Some local entities have adopted ordinances to identify those activities associated with alcoholic beverage sales that constitute nuisances and to eliminate their attendant threat to the public health and welfare by means of an administrative process. The proprietors...

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