Peridot Tree, Inc. v. City of Sacramento
United States Court of Appeals for the Ninth CircuitMarch 4, 202422-16783California9,545 words
Opinion
Opinion
Mendoza, J.
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…