Legal Opinion

Hall v. Butte Home Health, Inc.

California Court of Appeal

Decided December 22, 1997No. C023965PublishedCited by 3 opinions

1Opinion of the Court

Opinion

PUGLIA, P. J.

Defendant Butte Home Health, Inc. (defendant) appeals from a judgment permanently enjoining its operation of a nonprofit group home for the disabled elderly in a residential neighborhood in Chico. The trial court granted the injunction to neighboring homeowners (plaintiffs) on the ground the operation of a group home was in violation of a restrictive covenant limiting the use of the property to a “private residence.” The trial court was aware of 1993 amendments to Government Code sections 12955 and 12955.6 forbidding discrimination through the enforcement of restrictive…

2Cases cited18 opinions

  1. Shelley v. KraemerSupreme Court of the United States · 1948
  2. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
  3. Allied Structural Steel Co. v. SpannausSupreme Court of the United States · 1978
  4. Energy Reserves Group, Inc. v. Kansas Power & Light Co.Supreme Court of the United States · 1983
  5. United States v. City of Hayward, United States of America v. City of HaywardCourt of Appeals for the Ninth Circuit · 1994

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3Cited by3 opinions

  1. Fourth La Costa Condominium Owners Ass'n v. SeithCalifornia Court of Appeal · 2008
  2. Danekas v. San Francisco Residential Rent Stabilization & Arbitration BoardCalifornia Court of Appeal · 2001
  3. Opinion No. (2003), California Attorney General Reports2003

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