ASS'N FOR RETARDED CITIZENS, INC. v. CITY OF FULTONDALE

1940334.

672 So.2d 785 (1995)

ASSOCIATION FOR RETARDED CITIZENS, INC., OF JEFFERSON COUNTY, et al. v. CITY OF FULTONDALE, a municipal corporation.

Supreme Court of Alabama.

Rehearing Denied October 13, 1995.


Attorney(s) appearing for the Case

Deborah A. Mattison of Gordon, Silberman, Wiggins & Childs, Birmingham, for Appellants.

Fred Blanton, Jr., Fultondale, and Palmer W. Norris, Gardendale, for Appellee.

Robert B. Denton and Holly J. Foster, Legal Center for People With Disabilities, Salt Lake City, Utah, for Amicus Curiae National Association of Protection and Advocacy Systems.


MADDOX, Justice.

The issue presented in this case is one of first impression: Can a municipality, by adopting a zoning ordinance regulating single-family dwellings, prohibit three men with mental retardation from living in a dwelling in an area zoned for "single-family" residences, in view of the provisions of the Fair Housing Amendment Act (42 U.S.C. § 3601 et seq.) ("FHAA") relating to discrimination against persons with disabilities?

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