P. v. Dinos Victory Roadhouse
This case arose from a zoning dispute -- whether a distance of 500 feet prescribed in a local zoning ordinance means 500 feet measured along a line which may be walked between two points, or 500 feet measured along a straight line between two points, without regard to any intervening structures. The trial court interpreted 500 feet to mean 500 feet measured along a straight line, applied this interpretation to a set of undisputed facts, and found that a so-called adult cabaret was operating within less than 500 feet from the nearest residential lot in violation of the Los Angeles Municipal Code. The court entered a final judgment which enjoined the cabaret from continuing its operations, and imposed joint and several liability for statutory penalties against the cabarets corporate owner and the corporations chief executive officer. Appellant does not attack the trial courts interpretation of how the 500 feet is measured. Instead, he argues the trial court failed to consider his constitutional challenges to the ordinance, and that the statutory penalties improperly imposed for a number of reasons.
Court affirm the judgment.
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