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2. Administration.


U.S. Appeals Court PLANNING

Regional Economic Community v. City of Middletown, 294 F.3d 35 (2nd Cir. 2002). A community action program brought a suit under the Fair Housing Act, Americans with Disabilities Act Americans with Disabilities Act, U.S. civil-rights law, enacted 1990, that forbids discrimination of various sorts against persons with physical or mental handicaps.  (ADA Ada, city, United States
Ada (ā`ə), city (1990 pop. 15,820), seat of Pontotoc co., S central Okla.; inc. 1904. It is a large cattle market and the center of a rich oil and ranch area.
) and the Rehabilitation Act, after it was denied a special-use permit to establish two halfway houses for recovering alcoholics. The district court ruled in favor of the defendants. The appeals court affirmed in part, vacated in part, and remanded. The appeals court held that the recovering alcoholics who would have been residents of the proposed halfway houses were disabled for the purposes of ADA, FHA and the Rehabilitation Act. The appeals court found that summary judgment was precluded by a prima facie case prima facie case n. a plaintiff's lawsuit or a criminal charge which appears at first blush to be "open and shut." (See: prima facie)  of retaliation and by genuine issues of material fact as to the reasons for denial of the permit. (City of Middletown, New York Middletown is the name of two separate cities located in the U.S. state of New York:
  • Middletown, Delaware County, New York, a town
  • Middletown, Orange County, New York, a city
)
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Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1USA
Date:Aug 1, 2002
Words:142
Previous Article:1. Access to courts.
Next Article:3. Administrative segregation.
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