A municipality represented by the Rehfuss Law Firm was sued by a residential facility for persons with disabilities claiming that the municipality’s zoning ordinance was facially discriminatory. The not-for-profit was looking to site a residence for people with disabilities in a zoning district which did not permit this type of residence as a matter of right but instead, required the application for a variance. Its application for a use variance to the ZBA was denied and this lawsuit followed alleging violations of the ADA and FHA. The municipality was able to show that people with disabilities were treated no differently than people without disabilities, that the requirement that a variance be obtained applied to many different types of uses very similar to the plaintiff’s and that the use contemplated by the plaintiff was permitted in many other zoning districts in the municipality.
The court, in a July 28, 2017 decision, dismissed the complaint against the municipality in its entirety and granted summary judgment to the municipality.
This decision marks yet another in a long line of victories for the Rehfuss Law Firm in civil rights, ADA and FHA cases.