from the general real estate market. We are unconvinced by TJS’s admonition that adult entertainment businesses “will cease to exist” if local governments are allowed to recognize large lot sizes as available alternatives for relocation. See App. Br. at 16. Even leaving aside the legal irrelevance of commercial viability concerns under Renton, TJS’s contention that smaller commercial enterprises cannot possibly locate on larger lots is speculative. TJS ignores, for instance, the District Court’s findings that certain large sites could be subdivided, and that current property owners could sublet portions of their property to smaller businesses. See TJS, 2008 WL 2079044, at * 15, 17-18; see also MJ Entm’t Enters., Inc. v. City of Mount Vernon, N.Y., 328 F.Supp.2d 480, 484 (S.D.N.Y.2004) (<HOLDING>). Of course, it is possible that other
recognizing that sanctions are collateral to the merits of the case and may be considered even after the merits are no longer before the district court holding that statements that employee was doing a good job are more akin to opinions than statements of fact and on this basis are not actionable in fraud and citing a state case as holding that neither opinions nor statement that are general and indefinite are representations of fact giving rise to a misrepresentation claim holding that arguments that are not raised or that are not accompanied by factual and legal support are deemed waived recognizing that sites that are currently in use are available despite the fact that the sites would have to be acquired or leased and even subdivided holding that damages are not relief that is available under the idea