The Ohio House, LLC v. City of Costa Mesa

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

THE OHIO HOUSE, LLC, No. 22-56181

Plaintiff-Appellant, D.C. No. 8:19-cv-0171f0- v. JVS-GJS

CITY OF COSTA MESA, a municipal corporation, OPINION

Defendant-Appellee,

and

BRANDON STUMP, an individual; RYAN STUMP, an individual; KEITH STUMP, an individual; BUCKEYE

RECOVERY TREE COLLECTIVE,

LLC, a California limited liability company; BUCKEYE TREE COLLECTIVE, LLC, a California limited liability company; CHADWICK HOUSE, LLC, a California limited liability company; ASHBROOKE, LLC, an Ohio limited liability company,

Counter-Defendants. THE OHIO HOUSE, LLC V. CITY OF COSTA MESA

Appeal from the United States District Court for the Central District of California James V. Selna, District Judge, Presiding

Argued and Submitted March 29, 2024 Pasadena, California

Filed December 4, 2024

Before: Ronald M. Gould, Sandra S. Ikuta, and Danielle J. Forrest, Circuit Judges.

Opinion by Judge Forrest; Special Concurrence by Judge Ikuta; Concurrence by Judge Forrest; Partial Dissent by Judge Gould

SUMMARY *

Fair…