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PACIFIC SHORES PROPERTIES v. CITY OF NEWPORT BEACH

Nos. 11-55460, 11-55461.

730 F.3d 1142 (2013)

PACIFIC SHORES PROPERTIES, LLC, a California limited liability company; Alice Conner; Sean Wiseman; Terri Bridgeman, Plaintiffs-Appellants, Andrew Blair, Plaintiff, v. CITY OF NEWPORT BEACH, a California municipal corporation, Defendant-Appellee. Newport Coast Recovery LLC, a California Limited Liability Company; Yellowstone Women's First Step House, Inc., Plaintiffs-Appellants, v. City of Newport Beach, a California municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2013.

Attorney(s) appearing for the Case

Elizabeth Brancart (argued) and Christopher Brancart , Brancart & Brancart, Pescadero, CA; and Steven G. Polin , Law Offices of Steven G. Polin, Washington, D.C.; for Plaintiffs-Appellants.

T. Peter Pierce (argued), Saskia T. Asamura , and Toussaint S. Bailey , Richards Watson & Gershon, P.C., Los Angeles, CA; and Aaron Harp , City Attorney of Newport Beach, Newport Beach, CA; for Defendant-Appellee.

Thomas E. Perez , Assistant Attorney General, Dennis J. Dimsey , Teresa Kwong (argued), United States Department of Justice, Civil Rights Division, Appellate Section, Washington, D.C., for Amicus Curiae United States.

Chris M. Amantea and Alexandrea H. Young , Hunton & Williams LLP, Los Angeles, CA; and Paula D. Pearlman , Shawna L. Parks , and Umbreen Bhatti , Disability Rights Legal Center, Los Angeles, CA, for Amici Curiae Disability Rights Legal Center, Disability Rights California, Western Center on Law and Poverty, and Disability Rights Education & Defense Fund.

Kira L. Klatchko and Jeffrey V. Dunn , Best Best & Krieger LLP, Indian Wells, CA, for Amicus Curiae League of California Cities.

Before: ALEX KOZINSKI, Chief Judge, STEPHEN REINHARDT, and SIDNEY R. THOMAS, Circuit Judges.

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...

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