United States Ninth Circuit

In an action raising, inter alia, a claim that defendant-town violated the Fair Housing Amendments Act of 1988 (FHAA) by denying plaintiffs a Special Use Permit (SUP) to build a multi-level continuing-care retirement community in the town, summary judgment against plaintiffs on the FHAA claim is affirmed where plaintiff failed to establish a discrimination claim under any of the theories of disparate treatment, disparate impact, or a failure to make reasonable accommodations. Potential residents of a retirement community do not presently qualify as disabled under the FHAA simply because some of them will become disabled as they age.

Appellate Information

• Argued 02/13/2008
• Decided 03/11/2008
• Published 03/11/2008

Judges

• MILAN D. SMITH, JR., Circuit Judge:, Before:  WILLIAM C. CANBY, JR., DAVID R. THOMPSON, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Elliot L. Bien, Bien & Summers LLP, Novato, CA, for the plaintiffs-appellants.


• For Appellees:
  
• C. Brad Woodford, Moyes Storey Ltd., Phoenix, AZ, for the defendants-appellees.