Grover Beach, California- The city of Grover Beach announced Monday night that it will not appeal to the United States Supreme Court to review a case won in favor of Diamond Adult World owner Steve Diamond.

Last Friday, the city received notice that the 9th U.S. Circuit Court of Appeals had unanimously denied its petition for a rehearing on a decision that favors Diamond Adult World.

City Attorney Martin D. Koczanowicz advised the council that because there is no constitutional issue associated with the case, the United States Supreme Court wouldn’t likely review it.

City officials have expressed continual disappointment with the 9th Circuit Court of Appeals.

“I continue to be disappointed in the 9th Circuit (Court of Appeals), because again what has happened here is that the court made its ruling on the basis of an agreement that entitled (Steve) Diamond to operate during that early period of litigation, as the intent of that agreement, from my perspective, was never to permit on a permanent basis the location of that business (Diamond Adult World),” said City Manager Bob Perrault.

The appeals court ruling holds that Diamond’s business existed lawfully before the enactment of the city’s adult business ordinance.

Roger Jon Diamond (no relation), attorney for Adult World owner Steve Diamond, had said last Friday that he fully expected the city would appeal to the United States Supreme Court.

Owner Steve Diamond, meanwhile, has continually vowed to fight to the end if the city decided to pursue review with the United States Supreme Court.

Diamond opened his doors in December 2003, and did business for more than a month at 984 W. Grand Ave. before the ordinance prohibiting adult businesses was enacted.

The city’s position remains that the enacted ordinance was found to be constitutional, and the city will continue to enforce the ordinance, officials said.