STANTON, California- from www.ocregister.com – – A proposed strip club has won in a state appellate court – getting closer to gaining a required city permit to operate here.

In a decision issued Wednesday, the Fourth Appellate Division agreed with owner Musa Madain’s claim that the city had not fairly examined his permit application.

The proposed location in the 8300 block of Katella Avenue for Avalon Show Girls.

According to the court brief, Madain filed tenant improvement plans on Dec. 8, 2008 with the city as part of a permit application for his proposed club to be called Avalon Show Girls.

“My client looked long and hard for a location in the city of Stanton where he could operate a strip club legally,” said Roger Jon Diamond, Madain’s attorney.

Madain received a response from the city saying that because he was proposing an adult-oriented business, he had to file an application for that business before making any tenant improvements to the building, on the 8300 block of Katella Avenue.

Though that building is currently occupied by another company, Madain has a contract in place giving him the right to lease the building once he obtains all the necessary permits, his lawyer said.

Madain filed the application soon afterward. But his application was denied by the city on the grounds that it would be within 300 feet of a planned “religious institution” and therefore in violation of the Municipal Code.

Branches Christian Church had planned to locate in a nearby business complex at 8381 Katella Ave. However, said Lead Pastor Jose Torres, the church did not actually file for its permit until sometime in April 2009 – after Madain’s application had been filed.

“I had no clue he was looking at putting in an adult business until he (Madain) talked to me about the problem,” Torres said.

Madain’s lawyer said the decision by the appeals court means the lower court will order the city to give the proposed club another hearing before the City Council.

“Our attorney will review the case, and then we will meet with the City Council to determine what direction we will take on the case,” said Stanton City Manager Carol Jacobs.

Madain has alleged that the city had manipulated the permit process to get the church in and deny the club a permit.

“He’s saying that because he’s just trying to get the strip club in. That’s not what happened,” Jacobs said.

The city currently has several adult-oriented businesses, one on Katella Avenue and several more along Beach Boulevard.

Councilman David Shawver said he believed the city had more than enough adult entertainment venues.

“There’s not enough parking at that location anyway,” the councilman said. “Hopefully, we can deny it a permit because there’s not enough parking.”