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Budnick v. Town of Carefree

518 F.3d 1109 (2008)

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Budnick v. Town of Carefree

United States Court of Appeals for the Ninth Circuit
518 F.3d 1109 (2008)

DD

Facts

F. G. Budnick (plaintiff) sought to develop a residential community for seniors in the Town of Carefree (the town) (defendant). The plans for the community did not comply with the applicable zoning ordinances, such that Budnick was required to obtain a special-use permit from the town. Budnick informed the town that the community would be restricted to healthy and active seniors who would be capable of independent living. After the town denied Budnick’s request for the permit, Budnick brought suit, contending that the town had violated the Fair Housing Act (FHA). Specifically, Budnick asserted that the town violated the FHA’s prohibition against disability discrimination because some residents of the community would, due to their age, become disabled after living in the community for awhile. The district court granted summary judgment in favor of the town. Budnick appealed

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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Casebooks

Housing Law

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