Cleburne v. Cleburne Living Center, Inc Assignment

Cleburne v. Cleburne Living Center, Inc - Assignment Example Jan Hannah had bought a building in July 1980 in the city of Cleburne’s 201 Featherston Street which she planned to lease to the CLC so that they could establish a group home for the mentally retarded. This home was to be operated by the staffs of CLC who were to supervise thirteen mentally disabled men and women. This building had a total of four bedrooms and two bathrooms with an additional bathroom to be added later on. The ground work was as set and worked out only the legal aspect remained. The city of Cleburne informed the CLC that for operation of such a home, a special permit was required in accordance with the city’s zoning regulations. This special permit was necessary for such institutions as hospitals, correctional centers as well as rehabilitation centers. The permit is renewable annually. CLC complied with the request by submitting a permit application for the special use permit for the group home which the city had classified as a home for the feebly minded. Later on the city denied the special use permit to CLC on a three to one vote during a public hearing on the matter. Following the denial of the special permit, the CLC sued the city of Cleburne in a Federal District Court arguing that the zoning ordinance was wrongfully applied against them and that the decision to deny them the permit was an act of discrimination against the mentally handicapped in the society and an outright violation of equal protection rights of CLC and the potential inhabitants of the group home. The court found that were it not for the mental incapacitation of the potential inhabitants of the group home, then the special permit would have been granted, the District court went on to validate the city’s ordinance and decision as constitutionally acceptable. This court also established that were not suspect or quasi-suspect class and it held that the rational test