Kuzinich v. County Of Santa Clara

689 F.2d 1345 Peter KUZINICH, Sr., Plaintiff-Appellant, v. COUNTY OF SANTA CLARA; Board of Supervisors of the County of Santa Clara; Rod Diridon; Suzanne Wilson; Dominic Cortese; Dan McCorquodale; Geraldine F. Steinberg, Defendants-Appellees. No. 81-4460. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 14, 1982. Decided Oct. 13, 1982. As Amended Jan. 24, 1983. 1 Amiram J. Givon, Oakland, Cal., for plaintiff-appellant. 2 Bruce Nye, Popelka, Allard, McCowan & Jones, San Francisco, Cal., for defendants-appellees. 3 Appeal from the United States District Court for the Northern District of California. 4 Before CHOY and NORRIS, Circuit Judges, and SMITH, * District judge. RUSSELL E. SMITH, District Judge: 5 This is an appeal from a summary judgment denying plaintiff all relief on his claims of violations of certain constitutional rights. The record shows the following: 6 For the last ten years the plaintiff, Kuzinich, has operated an adult movie theater, the Pink Poodle, and an adult bookstore, the Bascom Bookcase, in Burbank, an unincorporated area in Santa Clara County, California. Kuzinich was required to have a use permit, and the first of these,…