Gibson

OVERVIEW

This appeal arises from an action brought by a family with minor children challenging Riverside County, California’s senior citizen zoning ordinances. The district court granted (1) plaintiff’s motion for partial summary judgment, and (2) declaratory and injunctive relief permanently enjoining the County from enforcing its age-based zoning laws. In so doing, the district court concluded that California Government Code § 65008(a)(1), 1994 legislation that broadly outlawed certain forms of discrimination in connection with the use and enjoyment of real property, expressly prohibited any zoning based upon age. Cal. Gov.Code § 65008(a)(1) (West 1994).

On July 25, 1996, three days after the district court’s ruling, however, the California Legislature amended § 65008 specifically to exempt Riverside County (County) from the statutory prohibition. The Legislature’s action'was apparently taken in response to the district court’s ruling. In a subsequent hearing prompted by the new legislation, the district court ruled that the 1996 amendment (Amendment) was invalid as an “act in excess of the Legislature’s powers.” Thus, the district court denied (1) a motion to vacate its…