Legal Opinion
Forest City Daly Housing, Inc. v. Town of North Hempstead
Court of Appeals for the Second Circuit
Decided April 16, 1999No. Docket No. 98-7881PublishedCited by 22 opinions
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge:
We consider here whether, in the circumstances presented, federal antidiscrim-ination statutes require a municipality to make accommodations in order to permit construction of an “assisted living facility” — a facility designed to provide care, in a residential environment, for individuals with certain disabilities — on land zoned for commercial uses only. We conclude that such accommodations are not required unless it can be shown that, notwithstanding the commercial zoning, budding permits would be granted for comparable “traditional” residences — that is,…
2Cases cited17 opinions
- Alexander v. ChoateSupreme Court of the United States · 1985
- Tom Doherty Associates, Inc. D/B/A Tor Books v. Saban Entertainment, Inc. And Saban International N.V.Court of Appeals for the Second Circuit · 1995
- Genesee Brewing Company, Inc., D/B/A Highfalls Brewing Company v. Stroh Brewing Company, D/B/A Northern Plains Brewing CompanyCourt of Appeals for the Second Circuit · 1997
- Able v. United StatesCourt of Appeals for the Second Circuit · 1995
- Town of Huntington v. Huntington BranchSupreme Court of the United States · 1989
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Zervos v. Verizon New York, Inc.Court of Appeals for the Second Circuit · 2001
- Andrew H.K. Wong v. The Regents of the University of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- Troll Company v. Uneeda Doll Company, Docket No. 05-6487-CvCourt of Appeals for the Second Circuit · 2007
- Lebron v. ArmstrongDistrict Court, D. Connecticut · 2003
- McKIVITZ v. Township of StoweDistrict Court, W.D. Pennsylvania · 2010
17 more not listed; retrieve them via the Exa API.