Legal Opinion

Budnick v. Town of Carefree

Court of Appeals for the Ninth Circuit

Decided March 11, 2008No. 06-15841PublishedCited by 58 opinions

1Opinion of the Court

MILAN D. SMITH, JR., Circuit Judge:

Plaintiffs-Appellants, F.G. Budnick, and the development company of which he is the chief executive officer, Tempo, Inc. (collectively, Budnick), sued Defendants-Appellees, the Town of Carefree and four Town Council members 1 (collectively, Carefree) after Carefree denied Budnick’s request for a Special Use Permit (SUP) to build a multi-level continuing-care retirement community in Carefree. Budnick claimed that by denying the SUP, Carefree had violated the Fair Housing Amendments Act of 1988 (FHAA), the Americans with Disabilities Act (ADA), 42 U.S.C. §…

2Cases cited19 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  3. Bragdon v. AbbottSupreme Court of the United States · 1998
  4. George McGinest v. Gte Service Corp. Mike BiggsCourt of Appeals for the Ninth Circuit · 2004
  5. Lowe v. City of MonroviaCourt of Appeals for the Ninth Circuit · 1985

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3Cited by58 opinions

  1. Committee Concerning Community Improvement v. City of ModestoCourt of Appeals for the Ninth Circuit · 2009
  2. Pacific Shores Properties, LLC v. City of Newport BeachCourt of Appeals for the Ninth Circuit · 2013
  3. Avenue 6E Investments, LLC v. City of YumaCourt of Appeals for the Ninth Circuit · 2016
  4. South Middlesex Opportunity Council, Inc. v. Town of FraminghamDistrict Court, D. Massachusetts · 2010
  5. The Ohio House, LLC v. City of Costa MesaCourt of Appeals for the Ninth Circuit · 2024

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