Thomas Shelley v. City of Hawaiian Gardens

61 F.3d 912 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thomas SHELLEY, Plaintiff-Appellant, v. CITY OF HAWAIIAN GARDENS, Defendant-Appellee. No. 94-55664. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 5, 1994. Decided July 13, 1995. Before: FARRIS, POOLE and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 Shelley seeks a declaratory judgment that he has a right to operate his theater irrespective of Urgency Ordinance 417, the conditional use permit ordinance, the Adult Business Standards ordinance, the city's "design and development standards," and any other ordinance the city might seek to apply to him. 3 1. The city has represented it would not enforce either Urgency Ordinance 417 or the conditional use ordinance against Shelley's business, so Shelley lacks standing to question their constitutionality. Cf. Steffel v. Thompson, 415 U.S. 452, 458-60 (1974). 4 2. Shelley maintains that the Adult Business Standards ordinance (ABS), CHGMC Sec.…