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J.W. v. CITY OF TACOMA, WASH.

No. 82-3199.

720 F.2d 1126 (1983)

J.W., K.W., L.J., T.S., L.S., F.S., P.G., and Else Blount, Plaintiffs-Appellees, v. CITY OF TACOMA, WASHINGTON; Mike Parker, Mayor of the City of Tacoma: Tim Strege, Barbara Bischel, John Hawkins, Douglas Sutherland, Jack Hyde, Steve Kirby, Hal Nielsen and Peter Rasmussen, Members of the Tacoma City Council; Erling Mork, City Manager of the City of Tacoma; Robert Hamilton, City Attorney of the City of Tacoma; Ben Thompson, Chief, Building Division of the City of Tacoma; in their official capacities and their officers, agents, employees and successors, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 25, 1983.

Attorney(s) appearing for the Case

Lonnie Davis, Tacoma, Wash., for plaintiffs-appellees.

Kyle Crews, Tacoma, Wash., for defendants-appellants.

Before BROWNING, Chief Judge, and FLETCHER and PREGERSON, Circuit Judges.

FLETCHER, Circuit Judge:

The City of Tacoma appeals from a declaratory judgment concerning the city's refusal to issue a special use permit authorizing persons formerly institutionalized for mental health treatment to be included in a group home located in a residential district. The district court held that the denial of the permit was arbitrary and violated the due process clause of the 14th amendment. We affirm.

I

BACKGROUND

Else Blount...

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