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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living homes, because such homes may elect to classify
themselves as boardinghouses and receive all the benefits
accorded to boardinghouses. Maj. Op. 25–26. Therefore, I
would reverse the district court’s holding that Ohio House
established a prima facie claim of facial discrimination.
    Although I would hold that Ohio House failed to make a
prima facie showing of discrimination, I nevertheless agree
with the majority that Ohio House’s disparate treatment
claim fails because the differential treatment imposed
benefits the protected class. Maj. Op. 23. For instance,
under the ordinances, if a group home has six or fewer
residents, it can operate in a single-family zoning district (R1
zone) if it obtains a special-use permit. CMMC § 13-311.
And if a sober living home has six or fewer residents, it can
operate in an R1 zone if it obtains a special-use permit and
complies with a 650-foot separation requirement. Id. § 13-
311(a)(14)(i). By contrast, boardinghouses are categorically
prohibited from operating in R1 zones. Id. § 13-30 (tbl. nn.4
& 5). Maj. Op. 11. Moreover, unlike boardinghouses, a
group home or sober living home can operate in an
Institutional and Recreational zone as a matter of right. Id.
§ 13-30 (tbl. nn.4, 5, 7, & 7.1). Given that a group home or
sober living home is entitled to all the benefits of a
boardinghouse plus additional rights, it is clear that the
City’s ordinances do not disadvantage the group home or
sober living home. Therefore, I concur in the majority.
66        THE OHIO HOUSE, LLC V. CITY OF COSTA MESA FORREST, Circuit Judge, concurring:

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