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DUFFY v. CITY OF ARCADIA

Docket No. B019050.

195 Cal.App.3d 308 (1987)

243 Cal. Rptr. 87

PAUL DUFFY et al., Plaintiffs and Appellants, v. CITY OF ARCADIA, Defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

March 31, 1987.

Attorney(s) appearing for the Case

COUNSEL

Donald W. Cook for Plaintiffs and Appellants.

Michael H. Miller, City Attorney, Burke, Williams & Sorensen, Peter M. Thorson and Kevin S. Mills for Defendant and Respondent.

OPINION

ROTH, P.J.

Plaintiffs Paul and Eunice Duffy, newspaper distributors, appeal from the judgment entered in favor of defendant City of Arcadia (City) declaring that subdivision 9 of Arcadia Municipal Code section 6439, which sets a height limit for newspaper racks, is constitutional. We affirm.

I.

FACTS AND PROCEDURAL BACKGROUND

In 1977, City adopted Municipal Code section 6439 to regulate the size...

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