Anderson v. City of Blue Ash

798 F.3d 338 (2015)

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Anderson v. City of Blue Ash

United States Court of Appeals for the Sixth Circuit
798 F.3d 338 (2015)

  • Written by Tanya Munson, JD

Facts

Ingrid Anderson (plaintiff) owned and kept a miniature horse at her house in the City of Blue Ash (defendant), Ohio. Anderson kept the horse as a service animal for her disabled daughter, C.A. C.A. struggled to walk and maintain balance on her own due to a variety of disabilities, but by using the horse, Anderson’s daughter was able to recreate outside and engage in physical therapy. However, Anderson’s neighbors complained about the horse’s presence in that the horse’s manure was extremely potent, the property was in poor condition and devaluing the neighborhood, and they questioned whether the horse was even being used for therapeutic purposes. After receiving the neighbor’s complaints, the city’s community development director and zoning administrator, Daniel Johnson, ordered Anderson to remove the horse from the property. Anderson appealed, and the city council decided not to enforce Johnson’s order. Anderson subsequently moved to a new house and acquired a new horse. The city council passed an ordinance that amended the city’s municipal code to prohibit the keeping of farm animals, including horses, on properties within the city. A neighbor complained to police about the horse, and a police officer issued Anderson citations and asked her to remove the horse from the property. Anderson argued that the Fair Housing Amendments Act (FHAA) and the Americans with Disabilities Act (ADA) entitled her to keep the horse on her property. The municipal court found Anderson guilty. Anderson appealed, and the district court ruled in favor of the city. Anderson again appealed.

Rule of Law

Issue

Holding and Reasoning (Cole, C.J.)

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