431 E. Palisade Ave Real Estate v. City of Englewood

In 41 E. Palisade Ave Real Estate v. City of Englewood, the 3rd Circuit assessed the providence of the District Court’s order granting a preliminary injunction in favor of the developer of an assisted-living facility. The developer sought to build its facility in an area of town zoned for single-family homes, though the zoning code did not expressly exclude assisted-living facilities from that area. The zoning code expressly permitted development of assisted-living facilities in a different part of the city. Without seeking a variance, the developer moved straight to litigation, seeking an injunction. The 3rd Circuit held that the zoning code did not intentionally discriminate against disabled people under the Fair Housing Amendments Act and remanded for consideration of other theories of liability. 

431-EAST-PALISADE-AVENUE-REAL-ESTATE-LLC