CITY OF LITTLETON v. Z. J. GIFTS D-4, L. L. C.

Attorney(s) appearing for the Case

J. Andrew Nathan argued the cause for petitioner. With him on the briefs were Heidi J. Hugdahl, Scott D. Bergthold, Larry W. Berkowitz, and Brad D. Bailey.

Douglas R. Cole, State Solicitor of Ohio, argued the cause and filed a brief for the State of Ohio et al. as amici curiae in support of petitioner under this Court's Rule 12.6. With him on the brief were Jim Petro, Attorney General of Ohio, Rebecca L. Thomas, Assistant Solicitor, and Dan Schweitzer, and the Attorneys General for their respective States as follows: William H. Pryor, Jr., of Alabama, Ken Salazar of Colorado, M. Jane Brady of Delaware, Mark J. Bennett of Hawaii, Steve Carter of Indiana, Thomas J. Miller of Iowa, Thomas F. Reilly of Massachusetts, Jeremiah W. (Jay) Nixon of Missouri, W. A. Drew Edmondson of Oklahoma, Hardy Myers of Oregon, Paul G. Summers of Tennessee, Greg Abbott of Texas, Mark L. Shurtleff of Utah, and William H. Sorrell of Vermont.

Michael W. Gross argued the cause for respondent. With him on the brief were Arthur M. Schwartz and Cindy D. Schwartz.*

BREYER, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and O'CONNOR, THOMAS, and GINSBURG, JJ., joined, in which STEVENS, J., joined as to Parts I and II-B, and in which SOUTER and KENNEDY, JJ., joined except as to Part II-B. STEVENS, J., filed an opinion concurring in part and concurring in the judgment, p. 784. SOUTER, J., filed an opinion concurring in part and concurring in the judgment, in which KENNEDY, J., joined, p. 786. SCALIA, J., filed an opinion concurring in the judgment, p. 787.