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Larkin v. State of Michigan Department of Social Services
United States Court of Appeals for the Sixth Circuit
89 F.3d 285 (1996)
Geraldine Larkin (plaintiff) sought to obtain a license to operate a group home for up to four disabled adults in Westland, Michigan. The state’s statutory scheme for the operation of group housing for disabled persons prohibited the operation of a group home within a 1500-foot radius of another group home. The statutory scheme also required that notice be given to the local municipality of any potential group home so that the municipality might review whether approval of the group home would result in an excessive concentration of group homes in that area, which could be grounds for refusal to license the home. The State of Michigan Department of Social Services (MDSS) (defendant) notified Westland of Larkin’s application for a group-home license. Westland found that another group home already existed within 1500 feet of Larkin’s proposed facility, and therefore MDSS would not issue a license to Larkin. Larkin sued MDSS in federal court, alleging that the Michigan statutory scheme violated the Fair Housing Act as amended under the Fair Housing Amendments Act, which extended discrimination protection to disabled persons. Both parties filed cross-motions for summary judgment. The district court awarded summary judgment for Larkin, and MDSS appealed.
Rule of Law
Holding and Reasoning (Aldrich, J.)
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