Costa Mesa wins in another sober-living home lawsuit

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A choose granted Costa Mesa a victory in one other case involving a sober-living dwelling that town mentioned was working illegally.

U.S. District Choose James Selna granted abstract judgment Tuesday, agreeing with Costa Mesa that Pacific Shores Restoration, a sober-living dwelling on Cabrillo Road, was working unlawfully.

The ruling stemmed from a lawsuit filed by Pacific Shores in July 2018 difficult Costa Mesa’s rules on sober-living houses.

“The court docket has advised these operators that their claims fail again and again, however they persist in preventing town on the expense of all taxpaying residents,” Mayor Katrina Foley mentioned in an announcement. “At a time when town is targeted on defending individuals from the coronavirus, these operators are solely centered on their income, not serving to anybody. The town will proceed to guard its residents and combat these frivolous lawsuits.”

Pacific Shores didn’t reply to a request for remark.

The ruling within the Pacific Shores case follows related instances and rulings involving sober-living dwelling operators Casa Capri Recovery and Yellowstone Recovery.

“There must be little doubt that the plaintiffs can not win these lawsuits,” mentioned Seymour Everett, Costa Mesa’s lawyer within the Pacific Shores case. “They should give up now, and in reality, they need to have by no means begun.”

Costa Mesa subsequent month will ask Selna to order Casa Capri to cowl town’s lawyer charges associated to that case.

As with the opposite lawsuits, the Pacific Shores case centered on two ordinances the Metropolis Council adopted in 2014 and 2015 that imposed new allowing necessities on sober-living houses and stipulated that they, different group houses and licensed alcohol and drug therapy services be a minimum of 650 ft from each other in residential areas.

As within the different instances, the 2 sides disputed the definition of a “handicap or incapacity.” Pacific Shores argued that it consists of alcoholics and drug addicts, however the metropolis argued that not everybody in a rehabilitation program qualifies as disabled.

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