Rise, Inc. v. Malheur County

Rise, Inc. (Rise) (plaintiff) was a nonprofit corporation that operated residential group homes for individuals with developmental disabilities. Rise purchased a house in Malheur County (defendant), Oregon, to open a new residential group home. Rise made repairs on the house, hired staff, bought furniture, and selected the first residents of the new home. Before opening, Rise was notified by Malheur County that it required a conditional-use permit to operate a residential home in an exclusive farm-use zone. Rise subsequently applied for a conditional-use permit. The Malheur County Planning Commission held a hearing on Rise’s permit application. At the hearing, several residents expressed their apprehensions related to the proposed residential home, including concerns about safety, property values, and the incompatibility of the home with existing farming operations in the area. The planning commission asked Rise to provide more information, including a traffic analysis, and the hearing was continued. Rise then submitted an amended application for a conditional-use permit but did not provide a traffic analysis, claiming it would not be useful. The amended application instead focused on a number of the concerns expressed by residents and the need for the residential facility. The commission members deliberated on Rise’s application and, after a unanimous vote, made a preliminary decision to deny the permit based on its incompatibility with area farm uses and traffic patterns. The commission published its final decision and denied Rise’s application. Rise filed a notice of appeal to the Malheur County Commission, alleging that the commission denied Rise’s application based on discrimination towards disabled persons in violation of the Fair Housing Amendments Act (FHAA) and the Americans with Disabilities Act (ADA). Rise and Malheur County both moved for summary judgment.