Stewart B. McKinney Foundation, Inc. v. Town Plan & Zoning Commission

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that “the Commission’s interpretation of the Regulations was unreasonable and, therefore, the Commission’s stated reasons for its decision were pretextual”
• disparate impact analysis applied to claim by nonprofit organization that requirement that it obtain special exception for its intended use of residence as home for HIV-infected persons violated section 3604(f)
• injunction granted preventing town from requiring special exemption for the intended use of a two family residence as a rental home for HIV infected persons to more than the number of unrelated persons otherwise permitted
• “The court finds irreparable harm may be presumed in this case because . . . the plaintiff has presented sufficient evidence to establish that its rights under the [Fair Housing] Act have been violated.”
• record reflected that zoning commission, “at the least, bowed to the political pressure exerted by the residents of Fairfield opposed to the Foundation’s plans,” and concluding that the commission’s stated reasons for its decision were “pretextual”
• special exception process violates the FHAA

Source: CourtListener parenthetical corpus (CC0).