Lawsuits filed in federal court against Newport Beach over its ordinance regulating sober living homes are headed to an appeals court after a judge this month entered a notice of dismissal in the case, according to the city.
In his latest decision in favor of the city, federal Judge James V. Selna found in January that the ordinance did not cause financial damages to three sober living home operators and two residents of sober living homes in Newport, according to a statement from the city. The operators, in turn, agreed not to try the rest of the case in front of Selna, who entered his notice of dismissal of the case March 14. A week later the operators filed an appeal with the Ninth Circuit Court of Appeals, according to the city's statement.
"The city has always said that we can protect the fair housing rights of persons in recovery and keep the single-family nature of our residential neighborhoods," Mayor Mike Henn said in a statement. "Our ordinance has passed another important test."
The city's 2008 ordinance requires group homes in Newport to get a use permit from the city and restricts facilities to multi-family areas.