Peridot Tree, Inc. v. City of Sacramento

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PERIDOT TREE, INC.; KENNETH No. 22-16783

GAY,

D.C. No. Plaintiffs-Appellants, 2:22-cv-00289-

KJM-DB

v.

CITY OF SACRAMENTO; DAVINA OPINION

SMITH,

Defendants-Appellees,

and

SACRAMENTO OFFICE OF

CANNABIS MANAGEMENT,

Defendant.

Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, Chief District Judge, Presiding

Argued and Submitted November 15, 2023 San Francisco, California

Filed March 4, 2024 PERIDOT TREE, INC. V. CITY OF SACRAMENTO

Before: Sidney R. Thomas and Salvador Mendoza, Jr., Circuit Judges, and Solomon Oliver, Jr., * District Judge.

Opinion by Judge Mendoza

SUMMARY **

Civil Rights/Abstention

In an action challenging the City of Sacramento’s requirement that individuals applying for permits to operate storefront marijuana dispensaries within city limits be Sacramento residents, the panel reversed the district court’s decision to abstain from exercising jurisdiction over plaintiff’s dormant Commerce Clause claim and remanded for further proceedings. The district court—concerned by…