Legal Opinion

Pacific Shores Properties, LLC v. City of Newport Beach

Court of Appeals for the Ninth Circuit

Decided September 20, 2013No. 11-55460, 11-55461PublishedCited by 133 opinions

1Opinion of the Court

OPINION

REINHARDT, Circuit Judge:

Prior to 2008, “group homes”—i.e., homes in which recovering alcoholics and drug users live communally and mutually support each other’s recovery—were generally permitted to locate in residential zones in the City of Newport Beach (“the City”) and they did so freely. 1 By 2008, a number of residents of the City launched a campaign to restrict or eliminate group homes in their neighborhoods. After enacting several moratoria, the City enacted an Ordinance (“the Ordinance”) which had the practical effect of prohibiting new group homes from opening in most…

2Cases cited66 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  3. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  4. United States v. O'BrienSupreme Court of the United States · 1968
  5. Johnson v. DuffyCourt of Appeals for the Ninth Circuit · 1978

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3Cited by133 opinions

  1. John France v. Jeh JohnsonCourt of Appeals for the Ninth Circuit · 2015
  2. City of Miami v. Bank of America Corp.Court of Appeals for the Eleventh Circuit · 2015
  3. Fellowship of Christian Athletes v. San Jose Unified School District Board of EducatioCourt of Appeals for the Ninth Circuit · 2023
  4. Avenue 6E Investments, LLC v. City of YumaCourt of Appeals for the Ninth Circuit · 2016
  5. Julie Ballou v. James McElvainCourt of Appeals for the Ninth Circuit · 2021

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