Valley Investments-Redwood LLC v. City of Alameda

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 VALLEY INVESTMENTS-REDWOOD Case No. 22-cv-06509-DMR

LLC,

8 Plaintiff, ORDER GRANTING DEFENDANT’S MOTION TO DISMISS v. Re: Dkt. No.

CITY OF ALAMEDA,

11 Defendant. 12 Plaintiff Valley Investments doing business as Barnhill Marina & Boatyard alleges that three ordinances enacted by Defendant the City of Alameda (the “City”) violate its constitutional rights. The City now moves to dismiss Plaintiff’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). [Docket No. 10 (“Mot.”).] Plaintiff opposed and the City replied. [Docket Nos. 15 (“Opp’n”), 16 (“Reply”).] The court held a hearing on January 12, 2023. For the reasons discussed below, the motion is granted.1 I. BACKGROUND The following facts are derived from the complaint. Barnhill Marina is a private marina located in the City of Alameda. Compl. ¶ 21. In December 2021, Plaintiff purchased Barnhill Marina “with the intent to…