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TOLLIS, INC. v. COUNTY OF SAN DIEGO

No. 05-56300.

505 F.3d 935 (2007)

TOLLIS INC.; 1560 N. Magnolia Avenue, LLC, Plaintiffs-Appellants, v. COUNTY OF SAN DIEGO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn August 8, 2007.

Resubmitted October 2, 2007.

Filed October 10, 2007.

Attorney(s) appearing for the Case

A. Dale Manicom, San Diego, CA; Bradley J. Shafer, Shafer & Associates, Lansing, MI, for the plaintiffs-appellants.

Thomas D. Bunton and John J. Sansone, County Counsel, San Diego, CA, for the defendant-appellee.

Before: BARRY G. SILVERMAN, W. FLETCHER, and RICHARD R. CLIFTON, Circuit Judges.

SILVERMAN, Circuit Judge:

In June 2002, the San Diego County Board of Supervisors adopted a comprehensive zoning ordinance to govern the operation of adult entertainment businesses within its jurisdiction, which covers the unincorporated portions of the county. The ordinance restricts the hours in which such businesses can operate, requires the removal of doors on peep show booths, and mandates that the businesses disperse to industrial areas of the county. The County...

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