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CONTI v. CITY OF FREMONT

No. 88-15781.

919 F.2d 1385 (1990)

Samuel CONTI; Picadilly Circus, Inc., Plaintiffs-Appellants, v. The CITY OF FREMONT; Gus Morrison, John Pomidor, Kent McClain, William Armon and Phil Lammi, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 28, 1990.

Attorney(s) appearing for the Case

Charles D. Chalmers, Skjervan, Morrill, MacPherson, Franklin & Friel, San Francisco, Cal., for plaintiffs-appellants.

Charles J. Williams, Williams & Robbins, Martinez, Cal., for defendants-appellees.

Before TANG and BEEZER, Circuit Judges, and STEPHENS, District Judge.

TANG, Circuit Judge:

The City of Fremont, California refused Samuel Conti's request to amend a zoning conditional use permit which prohibited service of people eighteen to twenty years old at a Fremont business location. Because of this refusal, Samuel Conti and his company Picadilly Circus, Inc. (together referred to as "Conti") brought a 42 U.S.C. § 1983 claim against the City of Fremont, several City employees, and City Council and Planning Commission members...

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