For Your Data Loma V. Community Of Damien Of Molokai Representative Brief

Hill v. Community of Damien of Molokai representative brief summary
911 P.2d 861 (1996)

CASE SYNOPSIS

The District Court of Bernalillo County (New Mexico) held that the utilisation of certainly belongings yesteryear accused organisation equally a grouping abode for individuals amongst Acquired Immune Deficiency Syndrome violated a housing evolution covenant, which express the utilisation of lots to single-family residences, too that enforcing the restrictive covenant did non violate the Federal Fair Housing Act (FHA), 42 U.S.C.S. §§ 3601-3631. The organisation appealed.

CASE FACTS

Community of Damien of Molokai (D) operated a grouping abode for individuals amongst AIDS inwards Albuquerque.
Four individuals resided inwards the home, too were cared for yesteryear nursing staff, who did non alive inwards the residence.
Community’s neighbors, including William Hill (P), filed for an injunction to enforce a covenant that existed on the soil on which Community was located.
The covenant stated that the soil was exclusively to hold upward used for unmarried identify unit of measurement purposes.

PROCEDURAL HISTORY
The lower courtroom institute that the increased traffic due to the presence of the grouping abode had detrimentally altered the graphic symbol of the neighborhood too that plaintiff neighbors, who sought enforcement of the covenant, had no discriminatory intent.

DISCUSSION

The courtroom reversed too held that the term "family" was ambiguous too that because the grouping abode was designed to furnish the individuals who lived at that spot amongst a traditional identify unit of measurement structure, setting, too atmosphere, the utilisation complied amongst the covenant.
The courtroom noted that the rigid governmental policy that encouraged locating grouping homes inwards single-family residential areas farther justified an expansive interpretation of the term "family."
The courtroom held that fifty-fifty inwards the absence of discriminatory intent, enforcement of the covenant violated the FHA because it had a disparate deport upon upon the handicapped, who required congregate living arrangements inwards social club to alive inwards a residential community.
Finally, the expansive interpretation of the covenants was a reasonable accommodation required yesteryear the FHA.
However, the denial of attorney's fees to the organisation was justified inwards lite of the neighbors' nondiscriminatory intent.

CONCLUSION
The courtroom reversed the judgment of the district court, which granted the neighbors' asking for enforcement of a restrictive covenant.

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