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CITY WEIGHS IN ON LONG BEACH CASE U.S. SUPREME COURT ASKED TO UPHOLD ZONING LIMITS ON ADULT ENTERTAINMENT.


Byline: Heather MacDonald Staff Writer

SANTA CLARITA Santa Clarita, city (1990 pop. 110,642), Los Angeles co., S Calif., suburb 30 mi (48 km) NW of downtown Los Angeles, on the Santa Clara River; inc. 1987. Situated in the Santa Clara valley and nearby canyons, Santa Clarita includes the former towns of Canyon Country,  - The city of Santa Clarita has filed a friend-of- the-court brief supporting Long Beach in its battle to uphold up·hold  
tr.v. up·held , up·hold·ing, up·holds
1. To hold aloft; raise: upheld the banner proudly.

2. To prevent from falling or sinking; support.

3.
 an ordinance A law, statute, or regulation enacted by a Municipal Corporation.

An ordinance is a law passed by a municipal government. A municipality, such as a city, town, village, or borough, is a political subdivision of a state within which a municipal corporation has been
 regulating the adult-entertainment industry.

Both Santa Clarita and Long Beach have ordinances that restrict adults- only businesses to certain sections of the city and require ones outside the zone to relocate.

Owners of four businesses filed suit against Long Beach's ordinance last year, claiming it is unconstitutional unconstitutional adj. referring to a statute, governmental conduct, court decision or private contract (such as a covenant which purports to limit transfer of real property only to Caucasians) which violate one or more provisions of the U. S. Constitution.  because city officials are trying to force their businesses to close without providing new sites for them inside the permitted zone.

A lower court sided with the city of Long Beach, but an appeals court reversed that decision and sent it back for trial. Long Beach city officials are asking the U.S. Supreme Court to overturn the decision of the intermediate appeals court.

Santa Clarita officials believe the appellate Relating to appeals; reviews by superior courts of decisions of inferior courts or administrative agencies and other proceedings.  ruling places too heavy a burden on city officials, said City Attorney Carl Newton.

``That ruling means that the city would have to prove there is available commercial space within the specified zone, which is too much an encumbrance A burden, obstruction, or impediment on property that lessens its value or makes it less marketable. An encumbrance (also spelled incumbrance) is any right or interest that exists in someone other than the owner of an estate and that restricts or impairs the transfer of the estate or ,'' Newton said.

The Supreme Court has not decided whether to hear arguments in the case, issue an opinion or uphold the intermediate appeals court.

Legal experts said Monday that it is impossible to guess whether the Supreme Court will take up the case, although it is the type of case that often merits review.

Santa Clarita city officials decided last week to file a brief after being asked to do so by the League of California Cities, which is also supporting Long Beach in the case. No cost is involved for Santa Clarita, Newton said.

``All we're doing is lending our name,'' Newton said, ``We do this from time to time when important city issues are at stake.''
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Copyright 2000, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Nov 14, 2000
Words:302
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