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ELLIOTT v. CITY OF ATHENS, GA.

No. 91-8147.

960 F.2d 975 (1992)

John D. ELLIOTT, C. Leonard Davis, Plaintiffs-Appellants, The Atlanta Union Mission, d/b/a The Potter's House, Plaintiff, v. The CITY OF ATHENS, GEORGIA, and the Mayor and Council of the City of Athens, Georgia, Dwain P. Chambers, Miriam Moore, Harry Sims, Cardee Kilpatrick, Kathy Hoard, Linny Bailey, Mac Coile, Carolyn Reynolds, Gwen O'Looney and Calvin Bridges, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 19, 1992.

Attorney(s) appearing for the Case

Bradley S. Wolff, Arrington & Hollowell, P.C., Atlanta, Ga., for plaintiffs-appellants.

David K. Flynn, Irving Gornstein, U.S. Dept. of Justice, Washington, D.C., for amicus U.S. Dept. of Justice.

Frank E. Jenkins, Kirk R. Fjelstul, III, Jenkins & Eells, Atlanta, Ga., for defendants-appellees.

Before KRAVITCH, ANDERSON and BIRCH, Circuit Judges.

ANDERSON, Circuit Judge:

This case presents a challenge to a local zoning ordinance of the City of Athens, Georgia, pursuant to the 1988 amendments to the Fair Housing Act, 42 U.S.C.A. § 3601, et seq. (hereinafter referred to as the "FHA" or the "Act"). Appellants seek to establish a group home for recovering alcoholics in an area of Athens zoned for single-family occupancy. The district court held that there was no violation of the FHA, and appellants...

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