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CCP 11-16-1995
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CCP 11-16-1995
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<br /> tfz.j ~ - <br /> .- <br /> court found that 520 acres of "accessible real estate,' including land "criss-crossed by <br /> freeways" -- rnore than five percent of the entire land area in Renton __ was sufficient. I <br /> 475 U.S. at 53, 106 S.Ct. at 932. The Younq court found the availability of "myriad"- <br /> locations sufficient. 427 U.S. at 72 n.35, 96 S.C!. at 2453 n.35. I <br /> Whether .058 square miles constituting .23 of 1 percent of the land area within the I <br /> city's central business zone is sufficient is not clear. See Alexander v. The City of <br /> Minneapolis (Alexander II), No. 3-88-808, slip op. at 22 (D. Minn. May 22, 1989) (less <br /> than 1% of land area could be valid if "ample actual opportunities" for relocation exist); I <br /> Christy v. City of Ann Arbor, 824 F.2d 489, 490, 493 (6th Cir. 1987) (remanding for a <br /> determination of excessive restriction). See also 11126 Baltimore Boulevard, Inc. v. I <br /> Prince Georqe's County of Maryland, 684 F. Supp. 884 (D. Md. 1988) (20 alternative <br /> locations sufficient); Alexander v. City of Minneapolis, 698 F.2d 936, 939 n.7 (8th Clr. I <br /> 1983) (pre-Renton; 12 relocation sites for at least 28 existing adult establishments not <br /> sufficient) . <br /> I <br /> The SuffiCiency of sites available for adult entertainment uses may be measured in -I <br /> relation to a number of factors. See, ~, Alexander II, supra, slip op. at 22-23 <br /> (insufficient if relocation site owners refuse to sell or lease); International Food & <br /> Beveraqe Systems, Inc., 794 F.2d 1520, 1526 (11th Cir. 1986) (suggesting number of I <br /> sites should be determined by reference to community needs, incidence of <br /> establishments in other cities, goals of city plan); Basiardanes v. City of Galveston, 682 I <br /> F.2d 1203, 1209 (5th Cir. 1982) (pre-Renton case striking zoning regulation restricting <br /> adult theaters to industrial areas that were "largely a patchwork of swamps, <br /> warehouses, and railroad tracks lack(ing] access roads and retail I <br /> , establishments"). <br /> However, the fact that land zoned for adult establishments is already occupied or I <br /> not currently for sale or lease will not invalidate a zoning ordinance. Renton, supra, 475 I <br /> U.S. at 53-54, 106 S.Ct. at 932; but see, Alexander II, supra, slip op. at 22-23 <br /> (reasonable relocation opportunity absent where owners refuse to sell or rent). There is I <br /> f no requirement that it be economically advantageous for a sexually oriented business <br /> , to locate in the areas permitted by law. <br /> l I <br /> I <br /> l -38- -. <br /> I I <br />
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