Gibson

Gibson v. County of Riverside

Good Law
181 F. Supp. 2d 1057·2002 WL 87296·2002 U.S. Dist. LEXIS 5173
United States District Court, Central District of CaliforniaJanuary 4, 2002ED CV 94-441-RTCalifornia21,225 words

Opinion

Opinion

Timlin, J.

PROCEEDINGS: ORDER (1) GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AND SUMMARY ADJUDICATION OF ISSUES AND (2) GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT.

The Court has read and considered plaintiffs’ and defendants’ motions for partial summary judgment, defendants’ and plaintiffs’ oppositions, and plaintiffs’ and defendants’ replies, as well as the. admissible evidence and all supplemental briefing. Based on such consideration, the Court concludes as follows:

I.

BACKGROUND

Since 1978, the County of Riverside (“the County”) has enacted ordinances imposing age restrictions on persons occupying dwelling units in certain areas within the unincorporated areas of Riverside County and has enforced those ordinances. Within these areas, the County forbids the residency of persons who do not meet certain age qualifications. While acknowledging the permissibility of age restrictions on certain activity when imposed and enforced by private parties in accordance with state and federal law, plaintiffs challenge the constitutionality and legality of the County exercising its legislative authority to impose age…

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