CCP 11-16-1995 - Laserfiche WebLink

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~~ -- <.fz.j c.p . .- court found that 520 acres of "accessible real estate," including land "criss-crossed by freeways" -- more than five percent of the entire land area in Renton __ was sufficient. I 475 U.S. at 53, 106 S,Ct. at 932. The YounQ court found the availability of "myriad"- locations sufficient. 427 U.S. at 72 n,35, 96 S.Ct. at 2453 n.35. I Whether .058 square miles constituting .23 of 1 percent of the land area within the I city's central business zone is sufficient is not clear. See Alexander v. The City of Minneapolis (Alexander Ill. No. 3-88-808, slip op. at 22 (D. Minn. May 22, 1989) (less 1 than 1% of land area could be valid if "ample actual opportunities" for relocation exist); Christy v. City of Ann Arbor, 824 F.2d 489, 490, 493 (6th Cir. 1987) (remanding for a determination of excessive restriction). See also 1"1126 Baltimore Boulevard, Inc. v. I Prince Georqe's County of Maryland, 684 F. Supp. 884 (D. Md. 1988) (20 alternative locations sUfficient); Alexander v. City of Minneapolis, 698 F.2d 936, 939 n.7 (8th Cir. . 1983) (pre-Renton; 12 relocation sites for at least 28 existing adult establishments not sufficient). . The sufficiency of sites available for adult entertainment uses may be measured in -. relation to a number of factors. See, ~, Alexander II, supra, slip op. at 22-23 (insufficient if relocation site owners refuse to sell. or lease); International Food & Beveraqe Systems, Inc., 794 F.2d 1520, 1526 (11th Cir. 1986) (suggesting number of I sites should be determined by reference to community needs, incidence of establishments in other cities, goals of city plan); Basiardanes v. City of Galveston, 682 I F.2d 1203, 1209 (5th Cir. 1982) (pre-Renton case striking zoning regulation restricting adult theaters to industrial areas that were "largely a patchwork of swamps, warehouses, and railroad tracks lack[ingJ access roads and retail - - establishments"). However, the fact that land zoned for adult establishments is already occupied or I not currently for sale or lease will not invalidate a zoning ordinance. Renton, supra, 475 I U.S. at 53-54, 106 S.Ct. at 932; but see, Alexander II, supra, slip op. at 22-23 (reasonable relocation opportunity absent where owners refuse to sell or rent). There is I r no requirement that it be economically advantageous for a sexually oriented business - to locate in the areas permitted by law. I I - -. l -38- I .