Facts

Plaintiff Ohio House, LLC filed its complaint against defendant City of Costa Mesa regarding its zoning ordinances 15-11 and 17-05. Ohio House is a for-profit business engaged in the drug and alcohol addiction recovery industry in the City.

Ohio House owns Sober Living Homes in the City. Ohio House applied for a Conditional Use Permit (CUP) under the Ordinances and paid the filing fees. Ohio House's CUP was denied by the City. Ohio House appealed the denial, paid the appeal fees, and the appeal was also denied. After the denials, the City ordered Ohio House to cease operations "or face 'civil citation(s), criminal prosecution and/or civil action to abate violation of the Municipal Code." Ohio House did not cease, and "the City issued civil citations on each dwelling unit at the Wilson Property . . . based on the following misconduct: 'Operation of a sober living/group home facility without City approval.'" A month later, as Ohio House had not ceased, the City issued another round of citations. Another week later, as Ohio House still had not ceased, the City issued a third round of citations.

PLAINTIFF'S CONTENTIONS: Ohio House's claims were based on the Federal Fair Housing Act, Americans with Disabilities Act, Rehabilitation Act, Civil Rights Act, California Fair Employment and Housing Act, and California Government Code Sections 11135 and 65008. Ohio House alleged the Ordinances are discriminatory and that the City discriminated against Ohio House when the City denied it a Conditional Use Permit, with respect to five of its properties housing up to 45 adult males, located at 115 East Wilson Street, A through E, in the City.

DEFENDANT'S CONTENTIONS: The City denied all of Ohio House's allegations and denies that it engaged in any discrimination or any other unlawful act. The City claimed its zoning regulations are reasonable and provide benefits to group homes and housing opportunities for disabled persons and at the same time promote legitimate, nondiscriminatory goals for the community and the disabled persons themselves, including preventing institutionalization, maintaining the residential character of neighborhoods, promoting safety and well-being, and addressing secondary impacts to the community including overcrowding, traffic, parking issues, noise, and smoke. The City further claims that its zoning regulations gave boardinghouse businesses like Ohio House who were operating without required permits, a beneficial opportunity to come into compliance and obtain a less restrictive permit to operate.

Damages

Plaintiff sought injunctive relief and monetary damages.

Result

Defense verdict.

Deliberation

3.5 hours

Poll

8-0

Length

11 days