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Howard v. City of Beavercreek
United States Court of Appeals for the Second Circuit
276 F.3d 802 (2002)
Joseph Howard (plaintiff) owned a home in the city of Beavercreek, Ohio (the city) (defendant) where he lived with his wife and children since 1984. Howard suffered from post-traumatic stress disorder (PTSD) and a heart condition. In 1996, Howard became concerned that his neighbors were spying on him and his family. Howard believed that constructing a six-foot tall privacy fence to block the view from his neighbors would eliminate stress on his medical and psychological conditions. Under the city’s zoning ordinance, Howard was prohibited from constructing the fence on a portion of his property without first obtaining a zoning ordinance. Howard applied for a variance in 1997, and in 1998, the city board of zoning appeals denied his request. Howard filed suit against the city, alleging that the denial of his variance request was a violation of the Fair Housing Amendments Act of 1988 (FHAA) and Ohio law. Howard alleged that the city discriminated against him as a person who suffers from a handicap by denying his request for an accommodation to zoning rules and denying him an equal opportunity to use and enjoy his dwelling. The district court granted summary judgment in favor of the city.
Rule of Law
Holding and Reasoning (Siler, J.)
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