Lillian Boyd, Dana Point Times
The Court of Appeals sided with City of Dana Point and upheld an injunction against New Method Wellness, Inc.—a drug treatment facility.
New Method houses some of its patients in three residences (referred to as the Properties) located in residential zones of Dana Point. Dana Point filed a lawsuit against New Method on the basis the Properties were required to be licensed by the State, and without appropriate licenses were unlawfully operating in violation of Dana Point’s zoning ordinance.
According to a press release issued on Wednesday, Sept. 11, the court emphasized that operating a business in a residential zone is a violation of the city’s zoning ordinance, and that such a violation is deemed a nuisance for which an injunction can be issued.
“(The Court) recognized that an exception exists based on a provision of State law that requires cities to treat licensed treatment facilities with six or fewer residents as if they are residences, not businesses; but found that neither of the two elements of this exception applied,” stated a city press release.
To view the full press release, click here.