California Court Examines Retail Ordinances

Lawlor, James
July 2006
Planning;Jul2006, Vol. 72 Issue 7, p45
Trade Publication
The article focuses on the two differing decision issued by the Fifth District Court of Appeal regarding the separate case of Adrian Hernandez and Tracy Hernandez and Wal-Mart Stores Inc. in relation to land-use regulations for retailers in California. The Hernandez was summoned in 2003 by the local government for a zoning violation after selling furnitures at their mattress store in the PC zone which is prohibited in the area. With the owners' protest, the city rectified its zoning regulation seeing on the equal protection policy. Wal-Mart who had established a superstore in the same year in Turlock was barred by the city officials after passing the regulation that forbids "discount superstores." The store argued that the decision was bias and does not favor fair competition.


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