California Court of Appeal

Judgment upholding zoning ordinance to allow department stores with 50,000 or more square feet of floor space to sell furniture on a limited basis while denying that right to smaller retailer is reversed where disparate treatment of similarly situated retailers based on square footage is not rationally related to the purpose behind the ordinance and is unconstitutional as a violation of equal protection.

Appellate Information

• Decided 03/28/2006
• Published 03/28/2006

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Motschiedler, Michaelides & Wishon and Russell K. Ryan, Fresno, for Plaintiffs and Appellants.


• For Appellees:
  
• Kahn, Soares & Conway, Michael J. Noland, Hanford, and Rissa A. Stuart for Defendants and Respondents.