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COALITION ADV. v. CITY OF SANTA MONICA

No. B135879.

105 Cal.Rptr.2d 802 (2001)

88 Cal.App.4th 451

COALITION ADVOCATING LEGAL HOUSING OPTIONS et al, Plaintiffs and Appellants, v. CITY OF SANTA MONICA, Defendant and Respondent.

Court of Appeals of California, Second District, Division Seven.

As Modified on Denial of Rehearing April 11, 2001.

Review Denied July 11, 2001.

Attorney(s) appearing for the Case

Isaacs, Clouse & Crose, James B. Isaacs, Jr., Santa Monica, and John A. Crose, Jr., for Plaintiffs and Appellants.

Marsha Jones Moutrie, City Attorney, Barry A. Rosenbaum, Senior Land Use Attorney, and Cara E. Silver, Deputy City Attorney, for Defendant and Respondent.

BOLAND, J.**

INTRODUCTION

This lawsuit, brought by the Coalition Advocating Legal Housing Options and Lou Moench, challenges the constitutionality of a Santa Monica zoning ordinance. The ordinance allows the creation of "second units" in single-family residential zones, but only if the person occupying the second unit is the property owner or his/ her dependent, or a caregiver for the property owner or dependent. Since the ordinance...

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