Elderhaven, Inc. v. City of Lubbock

98 F.3d 175 (1996)

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Elderhaven, Inc. v. City of Lubbock

United States Court of Appeals for the Fifth Circuit
98 F.3d 175 (1996)

DD

Facts

The City of Lubbock (city) (defendant) enacted Ordinance 9489 (ordinance). Under the ordinance, a housing provider that sought to operate a residence for five or more individuals with disabilities was required to obtain a special exception from the city. Elderhaven, Inc. (plaintiff) intended to operate a shared living residence for elderly adults with mental or physical disabilities. Although Elderhaven applied for a special exception so that it could house 20 individuals, the city permitted it to house only 18 individuals. Subsequently, Elderhaven brought suit against the city, contending that the ordinance violated the Fair Housing Act (FHA). Elderhaven did not produce any evidence indicating that it would be economically infeasible to operate a residence for 18 individuals. The district court granted summary judgment to the city. Elderhaven appealed.

Rule of Law

Issue

Holding and Reasoning (Higginbotham, J.)

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