HERNANDEZ v.CITY OF
HANFORD
Filed 3/28/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| ADRIAN HERNANDEZ et al., Plaintiffs and Appellants, v. CITY OF HANFORD et al., Defendants and Respondents. |
F047536
(Super. Ct. No. 03C0296)
O P I N I O N
|
APPEAL from a judgment of the Superior Court of Kings County. Peter M. Schultz, Judge.
Motschiedler, Michaelides & Wishon and Russell K. Ryan for Plaintiffs and Appellants.
Kahn, Soares & Conway, Michael J. Noland and Rissa A. Stuart for Defendants and Respondents.
Respondents, the City of Hanford and the Hanford City Council (collectively Hanford), amended a zoning ordinance so as to allow department stores with 50,000 or more square feet of floor space to sell furniture on a limited basis while denying that right to smaller retailers. Appellants, Adrian Hernandez and Tracy Hernandez, the owners of a 4,000 square foot mattress store, challenged the ordinance on the ground that it resulted in a denial of their equal protection rights.
The trial court ruled in favor of Hanford finding that the ordinance was a valid exercise of Hanford's police power. The court concluded that appellants' equal protection rights were not violated because appellants and the large department stores were not similarly situated. The court further determined there was a rational basis for the difference in treatment.
As discussed below, when all retailers limit the furniture display space in compliance with the ordinance to the permitted 2,500 square feet, the difference in total floor space between the retailers is largely irrelevant. Thus, the disparate treatment of these similarly situated retailers based on square footage is not rationally related to the purpose behind the ordinance and is unconstitutional as a violation of equal protection. Accordingly, the judgment will be reversed.
BACKGROUND
In 2002, appellants leased building space close to the Hanford Mall for a new business called Country Hutch Home Furnishings and Mattress Gallery (Country Hutch). Appellants, who already owned a furniture store in downtown Hanford, planned to sell mattresses, bedroom furniture and accessories.
Country Hutch is located in a â€
