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Human Rights Commission v. LaBrie, Inc.

Vermont Supreme Court
668 A. 2d 659 (Vt. 1995)


Facts

The McCarthys bought a mobile home on a lot in a trailer park owned by LaBrie (defendant). When the McCarthys moved in, the park had a policy that people with minor children could not be residents. Subsequently, a Vermont housing law changed, prohibiting discrimination against residents with minor children. As a result of the change in law, LaBrie changed the park’s policy to prohibit more than two occupants in each home in the park. However, even after this change, no individuals with minor children became residents. About a year later, the McCarthys had a child and returned home from the hospital to find a notice to vacate “upon arrival of your third occupant.” The McCarthys filed a complaint with the Human Rights Commission (Commission) (plaintiff) which brought suit, alleging that LaBrie unlawfully discriminated against the McCarthys on the basis of their having a minor child. The Washington Superior Court ruled in favor of the Commission. LaBrie appealed.

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Issue

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Holding and Reasoning (Allen, C.J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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