The Ohio House, LLC v. City of Costa Mesa, 135 F.4th 645 (2024)

Citation: The Ohio House, LLC v. City of Costa Mesa, 135 F.4th 645 (2024)
Parent Document: The Ohio House, LLC v. City of Costa Mesa, 135 F.4th 645 (2024)
Jurisdiction: United States (federal)
Effective Date: 2024-12-04
Original Source: https://www.courtlistener.com/opinion/10287865/the-ohio-house-llc-v-city-of-c... ↗

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jury’s verdict, the district court denied Ohio House’s
motions for judgment as a matter of law and for a new trial.
   On appeal, Ohio House challenges the district court’s
summary judgment and post-verdict rulings. We affirm.
                 I.    BACKGROUND
          A. Costa Mesa’s Zoning Ordinances
    Costa Mesa regulates zoning “to promote the public
health, safety, general welfare and [to] preserve and enhance
the aesthetic quality of the city by providing regulations to
ensure that an appropriate mix of land uses occur in an
orderly manner.” Costa Mesa Municipal Code (CMMC)
§ 13-2. Part of the zoning code regulates group-living
facilities. Originally, these types of facilities were loosely
defined. For example, from at least 2000 until 2014, “[g]roup
home” was defined as “[a] residential facility designed or
used for occupancy by persons that do not constitute a
family.” A small boardinghouse was defined as “[a]
dwelling which is designed or used to accommodate a
maximum of 3 guests, where guestrooms are provided in
exchange for an agreed payment of a fixed amount of money
or other compensation based on the period of occupancy.”
And a large boardinghouse was defined as “[a] dwelling
which has all of the characteristics of a small boardinghouse
and which accommodates 4 or more guests . . . [and]
includes, but is not limited to, a residence for a sorority or
fraternity.” “Sober living home” was not originally a defined
category. The regulations allowed the City Council to adopt
standards to evaluate “group home applications,” but the
record on appeal is unclear about how much these facilities
were regulated.
            THE OHIO HOUSE, LLC V. CITY OF COSTA MESA                   9

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