P. v. LM Connexions, Inc. CA1/4
In this nuisance abatement action, the city of Vallejo (City) filed an action against LM Connexions (LMC) alleging violation of local zoning restrictions based on LMC’s retail business practice of operating a computer game “skill contest.” By way of defense, LMC denied any zoning violation, relying on a broad interpretation of the Vallejo Municipal Code, and in support of its position sought to present oral testimony at a hearing on the City’s request for a preliminary injunction. The court rejected LMC’s reading of the Vallejo Municipal Code, declined to hear LMC’s proffered witness testimony, and granted preliminary injunctive relief. Agreeing with the City that LMC’s “skill contest” falls outside the authorized uses for which the property is zoned under the Vallejo Municipal Code, the court ruled that the City had shown a likelihood of prevailing on the merits of a nuisance per se claim and that the balance of harms tipped in its favor. This appeal by LMC is f
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