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FOREST CITY DALY HOUSING v. TOWN OF N. HEMPSTEAD

Docket No. 98-7881.

175 F.3d 144 (1999)

FOREST CITY DALY HOUSING, INC., d/b/a Four Corners Development, and "John Does," Plaintiffs-Appellants, v. TOWN OF NORTH HEMPSTEAD, Town of North Hempstead Building Department, Donald Alberto, Commissioner of Buildings, and Town of North Hempstead Board of Zoning Appeals, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 16, 1999.

Attorney(s) appearing for the Case

Robert B. Hirsch, Arent Fox Kintner Plotkin & Kahn, New York, N.Y. (David N. Wynn and Michael S. Cryan, of counsel), for Plaintiffs-Appellants.

Robert S. Smith, Paul, Weiss, Rifkind, Wharton & Garrison, New York, N.Y. (Holly D. Jarmul, Paul, Weiss, Rifkind, Wharton & Garrison, and Howard S. Miller, Town Attorney for Town of North Hempstead, of Counsel), for Defendants-Appellees.

Before: WALKER and CABRANES, Circuit Judges, and TSOUCALAS, Judge, Court of Int'l Trade.

JOSÉ A. CABRANES, Circuit Judge:

We consider here whether, in the circumstances presented, federal antidiscrimination statutes require a municipality to make accommodations in order to permit construction of an "assisted living facility"—a facility designed to provide care, in a residential environment, for individuals with certain disabilities—on land zoned for commercial uses only. We conclude that such accommodations are not required unless it...

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