Laserfiche WebLink
1 <br /> • <br /> court found that 520 acres of "accessible real estate," including land "criss-crossed t <br /> freeways" -- more than five percent of the entire land area in Renton -- was seer <br /> 475 U.S. at 53, 106 S.Ct. at 932. The Young court found the availability of "myriac <br /> locations sufficient. 427 U.S. at 72 n.35, 96 S.Ct. at 2453 n.35. <br /> Whether .058 square miles constituting .23 of 1 percent of the land area within th <br /> city's central business zone is sufficient is not clear. See Alexander v. The City c <br /> Minneapolis (Alexander. II), No. 3-88-808, slip op. at 22 (D. Minn. May 22, 1989) (les <br /> than 1% of land area could be valid if "ample actual opportunities" for relocation exist <br /> Christy v. City of Ann Arbor, 824 F.2d 489, 490, 493 (6th Cir. 1987) (remanding for <br /> determination of excessive restriction). See also 11126 Baltimore Boulevard, Inc. <br /> Prince George's County of Maryland, 684 F. Supp. 884 (D. Md. 1988) (20 alternative <br /> locations sufficient); Alexander v. City of Minneapolis, 698 F.2d 936, 939 n.7 (8th Ci, <br /> 1983) (pre-Renton; 12 relocation sites for at least 28 existing adult establishments tic <br /> sufficient). <br /> The sufficiency of sites available for adult entertainment uses may be measured it <br /> relation to a number of factors. See, e.o., Alexander II, supra, slip op. at -2: <br /> • <br /> (insufficient if relocation site owners refuse to sell- or lease); International F E <br /> Beverage Systems, Inc., 794 F.2d 1520, 1526 (11th Cir. 1986) (suggesting number c <br /> I sites should be determined by reference to community needs, incidence c <br /> establishments in other cities, goals of city plan); Basiardanes v. City of Galveston, 68: <br /> F.2d 1203, 1209 (5th Cir. 1982) (pre-Renton case striking zoning regulation restricting <br /> adult theaters to industrial areas that were "largely g y a patchwork of swamps <br /> warehouses, and railroad tracks . . . . lacking] access roads and re*.a <br /> establishments"). <br /> However, the fact that land zoned for adult establishments is already occupied o; <br /> not currently for sale or lease will not invalidate a zoning ordinance. Renton, supra, 47 <br /> U.S. at 53-54, 106 S.Ct. at 932; but see, Alexander II, supra, slip op. at 22-22 <br /> (reasonable relocation opportunity absent where owners refuse to sell or rent). There is <br /> no requirement that it be economically advantageous for a sexually oriented business <br /> to locate in the areas permitted by law. <br /> • <br /> -38- <br />