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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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)
Effective Date
2024-12-04

Other Sections in This Document (107)

Full Text

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5
 Unlike, say, a state attorney general’s interpretation of a criminal statute
that may not bind county attorneys enforcing that statute, Stenberg v.
Carhart, 530 U.S. 914, 941 (2000), there is no separate authority tasked
with enforcing the City’s zoning ordinances. Nor is the City’s
interpretation unreasonable. Contra id. at 944–45. The ordinances define
a boardinghouse as a “dwelling unit, other than a hotel, wherein rooms
are rented under two or more separate written or oral rental
agreements . . . .” CMMC § 13-6. Nowhere do they say that that a
boardinghouse cannot be a multiple dwelling unit that serves the
disabled. See generally id.
26          THE OHIO HOUSE, LLC V. CITY OF COSTA MESA