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FANTASYLAND VIDEO, INC. v. COUNTY OF SAN DIEGO

Nos. 05-56026, 07-55033.

505 F.3d 996 (2007)

FANTASYLAND VIDEO, INC., Plaintiff-Appellant, v. COUNTY OF SAN DIEGO, Defendant-Appellee. Fantasyland Video, Inc., Plaintiff-Appellant, and Tollis, Inc.; 1560 N. Magnolia Avenue, LLC, Plaintiffs, v. County of San Diego, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn August 7, 2007.

Resubmitted October 5, 2007.

Filed October 15, 2007.

Attorney(s) appearing for the Case

Clyde DeWitt, Weston, Garrou, DeWitt, & Walters, Los Angeles, CA, for plaintiff-appellant.

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

Scott D. Bergthold, Chattanooga, TN, for the amicus.

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 limits adult entertainment establishment to areas of the county zoned for industrial...

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