Sixth Circuit Upholds Ruling for City In Rejection of Group Home Zoning

摘要

The U.S. Court of Appeals for the Sixth Circuit upheld summary judgment for a city which rejected a rezoning application for a group home, ruling that the property owners could not show evidence of intentional discrimi- nation or failure to make a reasonable accommodation for a handicap. (Hamm v. City of Gahanna, Ohio, No. 03-3120, 2004 WL 2030058 (6th Cir. (Ohio)), August 31, 2004) Property owners Jessie and Albert Hamm (plaintiffs) applied to rezone their five-acre lot in a residential area to accommodate four small group homes with five elderly, disabled residents each. At two public hearings, neighbors opposed the rezoning based on concerns about traffic, property values, and safety and aesthetic issues, but the planning commission voted to recommend approval. The city council considered the application at four meetings and divided 3-3, with one abstention, essentially denying the application. Plaintiffs sued the city, the mayor, and the members of the city council who voted against their application, alleging violations of the Fair Housing Act, the Rehabilitation Act, the Americans with Disabilities Act, and the Ohio Fair Housing Act.