Legal Opinion · Dissent

Adult Group Properties, Ltd. v. Imler

Indiana Court of Appeals

Decided March 24, 1987No. 48A02-8604-CV-124Published

1DissentMiller, Judge

I dissent. If our courts persist in excluding family-type residential units from the definition of a "single family dwelling", then the elderly, the developmentally disabled, the retarded, the physically handicapped, and foster children-all of whom, with minimal help, could live in a family setting with the normal patterns and conditions of everyday life-must be confined to nursing homes and institutions, in some cases permanently, where no family atmosphere is present.

In Metropolitan Development Commission of Marion County v. The Villages, Inc. (1984), Ind.App., 464 N.E.2d 367, trans.…

2Cases cited59 opinions

  1. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
  2. City of Santa Barbara v. AdamsonCalifornia Supreme Court · 1980
  3. J. T. Hobby & Son, Inc. v. Family Homes of Wake County, Inc.Supreme Court of North Carolina · 1981
  4. State v. BakerSupreme Court of New Jersey · 1979
  5. Mongony v. BevilacquaSupreme Court of Rhode Island · 1981

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