Epona, LLC v. County of Ventura

876 F.3d 1214
Court of Appeals for the Ninth Circuit·Decided December 7, 2017·No. 17-55472·Published·Cited by 51 cases

Opinion

OPINION

M. SMITH, Circuit Judge:

Epona, LLC and Michael Fowler (collectively, Appellants) appeal the district court’s order dismissing Appellants’ First Amendment and Religious Land Use and Institutionalized Persons (RLUIPA), 42 U.S.C. § 2000cc et seq., claims, and denying as moot Appellants’ motion for a preliminary injunction. Appellants challenge the County of Ventura’s (the County) permitting scheme, which requires individuals to obtain a Conditional Use Permit (CUP) to host weddings on their properties.’

We reverse the dismissal of Appellants’ First Amendment claim because the permitting scheme vests permitting officials with unbridled discretion. We affirm the dismissal of Appellants’ equal treatment claim under RLUIPA because neither Appellant is a religious institution or assembly. We vacate the district court’s denial of Appellants’ motion for. a preliminary injunction, and remand to the district court for its consideration in the first instance because the motion is no longer moot.

FACTUAL AND PROCEDURAL BACKGROUND

Michael Fowler is Epona, LLC’s sole member, and owns a 40-acre parcel of land (the property) in Ventura County. The property is zoned for agricultural use, and neighboring properties either are agriculr tural, or are designated- as open spaces. Fowler created a garden area on the property, which he hoped to rent out for use in wedding ceremonies and related events.

The County’s Non-Coastal Zoning Ordinance (NCZO) describes permissible land uses in specific zones. NCZO § 8105-4. Outdoor weddings are classified as “temporary outdoor” events under NCZO § 8102-0, which encompasses “[o]utdoor recreational events such as harvest festivals, amusement rides, historic re-enactments, animal events, art shows, concerts; craft fairs, weddings, and religious revival meetings.” In order to hold a temporary outdoor event on an agriculturally zoned property, the landowner must apply for and receive a CUP,

The NCZO provides for issuance of a CUP when certain standards are satisfied, or where “such, conditions and limitations, including time limits, as the decision-making authority deems necessary, are imposed 'to allow the standards to be met.” Id. § 8111-1.2.1.1. At the time Appellants applied for a CUP, the NCZO stated that a permit “may” issue if the applicant meets these standards, and required the permitting official to make “[s]pecific factual findings” that each standard “can be satisfied.” After the initiation of this litigation, the County amended the CUP scheme to provide that a permit “shall” issue if the relevant standards have been satisfied, and to require specific factual findings in support of an application denial. 1 Id. Under both schemes, the applicant bears the burden of proving that all of the relevant standards can be met..

Appellants’ CUP application sought permission to use the property for up to 60 temporary outdoor events per year, including weddings. County agencies reviewed the application, and found there were no grounds for denying the permit.

The County’s Planning Commission held a public hearing on Appellants’ application, at which County staff presented its no-impact findings. After receiving objections from neighboring land owners, the Commission denied the application. In a subsequently issued resolution, the Commission based its denial on the following findings:

(1) The venue is not compatible with ■ the rural community ... ; ■
(2) The venue has the potential to im- ' pair the utility of neighboring prop'erty or uses and is inconsistent with the finding set forth in the NCZO § 8111-1.2.1.1.c; and
(3) The venue has the potential to be detrimental to the public interest, health, safety, convenience, or welfare and is inconsistent with the finding set forth in the NCZO § 8111-1.2,l.l.d[.]

Appellants appealed the denial of their CUP application to the Board of Supervisors,. Contrary to its recommendation in the previous report, this time the Commission staff prepared a report that recommended denial of the CUP application. The Board split its vote evenly on the application, which had the effect of affirming the Commission’s denial.

Appellants filed a complaint in federal district court on August 24, 2016, followed by an amended complaint on October 7, 2016,- both of which alleged (1) abridgment of free speech in violation of the'First Amendment and California Constitution Article 1, § 2; (2) violation of RLUIPA; (3) denial of equal protection under the United States and California Constitutions; (4) civil, rights violations pursuant to 42 U.S.C. § 1983; (5) entitlement to a writ of mandate pursuant to California Code of Civil Procedure § 1094.5; and (6) a request for declaratory relief. Appellants also filed a motion for preliminary injunc-tive relief on November 4, 2016, seeking to enjoin enforcement of the amended CUP scheme. The County filed a motion to dismiss for failure to state a claim the same day.

The district court granted the County’s motion to dismiss and denied Appellants’ motion for a preliminary injunction. The .district court held that Appellants could only challenge the CUP scheme as applied, and thus dismissed their facial challenge to the amended CUP scheme without leave to amend. The court then dismissed, with leave to amend, Appellants’ as-applied challenge for failing to plausibly allege that the CUP was improperly denied based on content. It further held that the CUP scheme did not grant unbridled discretion to permitting officials, and did not require time limits within which the County must act on a permit application because the scheme is content neutral. The court similarly dismissed Appellants’ equal protection claims. The district court also found that Appellants had not shown either a substantial burden on religious exercise or unequal treatment as a religious assembly or institution under RLUIPA. Finally, the district court denied Appellants’ motion for a preliminary injunction as moot because it had dismissed the entire amended complaint. Appellants timely appealed. 2

JURISDICTION AND STANDARD OF REVIEW

We have jurisdiction oyer this appeal pursuant to 28 U.S.C. § 1291., We review the district court’s dismissal of Appellants’ claims de novo, Fayer v. Vaughn, 649 F.3d 1061, 1063-64 (9th Cir. 2011) (per curiam). We review the district court’s denial of a preliminary injunction for abuse of discretion. Brookfield Commc’ns, Inc. v. W. Coast Entm’t Corp., 174 F.3d 1036, 1045 (9th Cir. 1999).

ANALYSIS

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Epona, LLC v. County of Ventura, 876 F.3d 1214 (9th Cir. 2017).

876 F.3d 1214 (Epona, LLC v. County of Ventura) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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