“This case arises from a dispute regarding the denial of various applications for certificates of occupancy,” innocuosly begins this opinion. We quickly learn the plaintiff’s retail establishments sell,” inter alia, lotions, creams, oils, herbal pills, lingerie, games, bachelor and bachelorette party goods, condoms, cards, costumes, accessories, and instructional video tapes and DVD’s.” Well now I understand.
A city may withhold a CO if the business’s premises is unreasonably dangerous. Or perhaps if the land use is “incompatible” with the surrounding area or zoning district. But what can the City do if the business’s premises unreasonably places the employees in harm’s way? The answer might depend on who stands to profit.
On an unrelated note, the United States District Court for the Northern District of Texas dismissed the heart of this matter on standing and ripeness grounds.