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YOUNG v. CITY OF SIMI VALLEY

No. 97-56484.

216 F.3d 807 (2000)

Philip YOUNG, Plaintiff-Appellee, v. CITY OF SIMI VALLEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 20, 2000.

Attorney(s) appearing for the Case

Bert H. Deixler, Proskauer Rose, Los Angeles, California, for the defendant-appellant.

Roger Jon Diamond, Santa Monica, California, for the plaintiff-appellee.

Before: FERGUSON, O'SCANNLAIN, and TASHIMA, Circuit Judges.

Opinion by Judge TASHIMA; Partial Concurrence and Partial Dissent by Judge O'SCANNLAIN.

TASHIMA, Circuit Judge:

The City of Simi Valley ("Simi Valley" or the "City") appeals from the district court's order declaring its adult business zoning ordinance unconstitutional and granting an injunction barring its enforcement. We must decide two issues: whether a zoning ordinance that allows "sensitive use"1 establishments to apply for...

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