Teixeira v. County of Alameda
United States Court of Appeals for the Ninth Circuit
822 F.3d 1047 (2016)
- Written by Eric Miller, JD
Facts
Teixeira (plaintiff) sought to open a gun store in Alameda County (defendant). The county’s zoning regulations prohibited the establishment of gun stores within 500 feet of certain types of property, including residential neighborhoods. Although Teixeira’s desired location was within 500 feet of a residential area, he nevertheless obtained permit approval from the county zoning board. However, the homeowners’ association for the affected neighborhood strongly objected to the prospect of a nearby gun store and successfully challenged the decision. The board revoked the permit. Teixeira then brought suit against the county in district court. He claimed that putting his business anywhere available within the area would result in a violation of the 500-foot rule, effectively making it impossible to open a gun store. The county defended the zoning requirement as a means of preventing criminal activity in the area adjacent to the proposed gun store. The district court ruled in favor of the county.
Rule of Law
Issue
Holding and Reasoning (O’Scannlain, J.)
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