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MARBRUNAK, INC. v. CITY OF STOW, OHIO

Nos. 91-3806, 91-3849.

974 F.2d 43 (1992)

MARBRUNAK, INC., Plaintiff-Appellee, Cross-Appellant, v. CITY OF STOW, OHIO, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 31, 1992.

Attorney(s) appearing for the Case

Amie L. Bruggeman (argued), Ronald S. Kopp, Charles E. Zumkehr, Roetzel & Andress, Akron, Ohio, for plaintiff-appellee cross-appellant in No. 91-3806.

L. James Martin (briefed), James A. Merlitti (argued), Stow, Ohio, for defendant-appellant cross-appellee.

David K. Flynn, Rebecca K. Troth, U.S. Dept. of Justice, Civ. Rights Div., Appellate Section, Washington, D.C., for U.S. amicus curiae in No. 91-3806.

Diane M. Weaver (briefed), Atty. Gen. Office, Columbus, Ohio, for Ohio Dept. of Mental Retardation and Developmental Disabilities amicus curiae.

Ronald L. Smith (briefed), Michael Kirkman, Ohio Legal Rights Service, Columbus, Ohio, for Ohio Legal Rights Service amicus curiae.

Amie L. Bruggeman (argued and briefed), Ronald S. Kopp, Roetzel & Andress, Akron, Ohio, for plaintiff-appellee cross-appellant in No. 91-3849.

David K. Flynn, Rebecca K. Troth (briefed), U.S. Dept. of Justice, Civ. Rights Div., Appellate Section, Washington, D.C., for U.S. amicus curiae in No. 91-3849.

Before: JONES and NORRIS, Circuit Judges; and WOODS, District Judge.

ALAN E. NORRIS, Circuit Judge.

Defendant, City of Stow, appeals from the district court's order granting the permanent injunction requested by plaintiff, Marbrunak, Inc., enjoining the city from enforcing a zoning ordinance imposing special safety requirements on a residence plaintiff sought to operate for four mentally retarded adult women. The injunction resulted from the court's conclusion that the city had violated the Fair Housing Amendments Act of 1988 ("FHAA...

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