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Constitutional Law
Equal Protection
Local City Ordinance

HSH Inc., HS Razuki Inc., 3201 National Inc. v. The City of El Cajon

Published: Mar. 28, 2015 | Result Date: Sep. 4, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 3:13-cv-02881-WQH-NLS Bench Decision –  Dismissal

Court

USDC Southern District of California


Attorneys

Plaintiff

Craig M. Nicholas
(Entorno Law LLP)


Defendant

Carrie L. Mitchell
(McDougal, Love, Eckis, Boehmer & Foley)

Steven E. Boehmer
(McDougal, Boehmer, Foley, Lyon, Mitchell & Erickson)


Facts

HSH Inc., HS Razuki Inc. and 3201 National Inc. sued the City of El Cajon, seeking a declaratory judgment and injunctive relief.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs operated liquor stores around the City of El Cajon. They mounted a challenge over a local city ordinance concerning sales of alcohol in the city. Plaintiffs alleged that the ordinance targeted small neighborhood establishments that conduct off-sale alcohol sales while expressly exempting big-box retailers from the restrictions.

Plaintiffs alleged that the ordinance was unconstitutional. They asserted claims for violation of the Equal Protection Clause, violation of the Due Process Clause, violation of California's Business and Professions Code, preemption by Article XX of the state Constitution, violation of Article XII Section 2(b) of the state Constitution as amended by Proposition 26, and violation of Article XIII C Section 2(d) of the state Constitution as amended by Proposition 26.

DEFENDANT'S CONTENTIONS:
The city moved to dismiss the complaint because plaintiffs failed to state a claim for relief.

Result

The court granted the city's motion to dismiss.


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