(Download) "Bangerter V. Orem City Corp." by United States Court of Appeals for the Tenth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Bangerter V. Orem City Corp.
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 11, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Plaintiff-Appellant Brad Bangerter ("Bangerter"), a mentally disabled adult, alleges that zoning actions taken by Defendant-Appellee, Orem City, Utah ("Orem"), violated the Fair Housing Act, codified as amended by the Fair Housing Act Amendments of 1988 ("FHAA") at 42 U.S.C. 3601 et seq. In particular, Bangerter claims that conditions placed by Orem on zoning approval for a group home for the mentally retarded in which Bangerter lived, and the Utah statute and local ordinance pursuant to which those conditions were imposed, discriminated against Bangerter because of his handicap in violation of the FHAA. The district court dismissed Bangerter's claims pursuant to Fed. R. Civ. P. 12(b)(6), and he now appeals. We hold that the district court prematurely dismissed this action and incorrectly applied an equal protection analysis to Bangerter's statutory claims under the FHAA. Accordingly, we reverse and remand.