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"K" CARE, INC. v. TOWN OF LAC DU FLAMBEAU

No. 93-2032-FT.

181 Wis.2d 59 (1993)

510 N.W.2d 697

"K" CARE, INC., A Wisconsin corporation; Thomas Koening and Patricia Koenig, Plaintiffs-Respondents, v. TOWN OF LAC DU FLAMBEAU, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 7, 1993.

Attorney(s) appearing for the Case

On behalf of Appellants, the cause was submitted on the briefs of John L. O'Brien of Drager, O'Brien, Anderson, Burgy & Garbowicz of Eagle River.

On behalf of respondent, the cause was submitted on the brief of John C. Houlihan of Johnson, Weis, Paulson & Priebe, S.C. of Minocqua.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

The town of Lac du Flambeau appeals an order reversing its refusal to grant "K" Care, Inc., permission to build an eight-bed community based residence for elderly handicapped on a forty-acre site in the town.1 The circuit court concluded that the town failed to make "reasonable accommodations" required by the Fair Housing Act, 42 U.S.C.A. §3604(f)(3)(B) (1977), and therefore the refusal constituted housing discrimination...

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