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Given the procedural posture of this case--an appeal of a pre-trial dismissal for failure to state a claim--this case is not ripe for further review. All of the factual arguments can be explored, litigated, and then the whole kit and kaboodle appealed again.
This case may have an important impact on a dispute pending in Daly City. A business owner lost his lease in one city, and sought to open a new store in the adjacent city (and in a location very close to his old one). He did everything demanded of him by the Planning Commission, received approval, and spent money on improvements. Anti-gun citizens appealed the approval to the City Council, and in a very partisan vote, the permit was denied. He is suing. Some people think that gun stores "draw the wrong crowd" and pose a threat to the community and any nearby schools.
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