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WAL-MART STORES, INC. v. CITY OF TURLOCK

No. F047372.

41 Cal.Rptr.3d 420 (2006)

138 Cal.App.4th 273

WAL-MART STORES, INC., et al., Plaintiffs and Appellants, v. CITY OF TURLOCK et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

April 5, 2006.

Attorney(s) appearing for the Case

Sagaser, Jones & Hahesy, Timothy Jones, Fresno, John P. Kinsey; Gibson, Dunn & Crutcher, Theodore J. Boutrous, Jr., Jeffrey D. Dintzer and Gregory D. Brown, Los Angeles, for Plaintiffs and Appellants.

Jarvis, Fay & Doporto, Rick W. Jarvis and Benjamin P. Fay, Oakland, for Defendants and Respondents.

OPINION

DAWSON, J.

The City of Turlock (City) adopted a zoning ordinance that prohibited the development of "big box" retail stores containing a full service grocery department. Wal-Mart Stores, Inc. and Wal-Mart Real Estate Business Trust (collectively, Wal-Mart) challenged the validity of the ordinance, claiming City unconstitutionally exceeded its police powers and failed to comply with the California Environmental Quality Act (CEQA).

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