Community Resources for Justice, Inc. v. City of Manchester

157 N.H. 152, 949 A.2d 681 (2008)

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Community Resources for Justice, Inc. v. City of Manchester

New Hampshire Supreme Court
157 N.H. 152, 949 A.2d 681 (2008)

  • Written by Tanya Munson, JD

Facts

Community Resources for Justice, Inc. (CRJ) (plaintiff) was a nonprofit organization that operated halfway houses under contracts with the Federal Bureau of Prisons. In 2004, CRJ sought approval to use a building it owned on Elm Street in the city of Manchester (the city) (defendant) as a halfway house. The city denied the approval of CRJ’s request on the ground that CRJ’s proposed use constituted a “correctional facility” under the city’s zoning ordinance and was prohibited in any of the city’s zoning districts. CRJ challenged the zoning ordinance and argued that the city’s ban on correctional facilities violated its federal and state constitutional rights to equal protection. The New Hampshire Supreme Court held that the city’s ordinance was subject to intermediate scrutiny and must be substantially related to an important government objective. The case was remanded to the trial court to determine whether the ordinance passed intermediate scrutiny. The city argued that its ban on federal halfway houses was to address concerns that the prisoners housed at the halfway houses would pose a threat to the community and property values. CRJ countered by offering evidence that the services it offered would improve the safety of the community and would not decrease property values. The trial court found that the ordinance did not promote the general welfare of the community and was an invalid exercise of the police power delegated to the city according to the Zoning Enabling Act. The trial court also found that the city failed to demonstrate that its ban on halfway houses was substantially related to an important governmental interest. The trial court found in favor of CRJ, and the city appealed.

Rule of Law

Issue

Holding and Reasoning (Broderick, C.J.)

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