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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“fundamental alteration” of its zoning
       scheme if the proposed use was incompatible
       with surrounding land uses. See Bryant
       Woods Inn, Inc. v. Howard Cnty., 124 F.3d
       597, 604 (4th Cir. 1997) (“In determining
       whether the reasonableness requirement has
       been met, a court may consider . . . the extent
       to which the accommodation would
       undermine the legitimate purposes and
       effects of existing zoning regulations . . . .”).
       On the other hand, if the proposed use is quite
       similar to surrounding uses expressly
       permitted by the zoning code, it will be more
       difficult to show that a waiver of the rule
       would cause a “fundamental alteration” of
       the zoning scheme. Similarly, if the
       municipality routinely waives the rule upon
       request, it will be harder to show that the rule
       is “essential.”

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