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HOVSONS, INC. v. TOWNSHIP OF BRICK

Nos. 95-5648, 95-5666.

89 F.3d 1096 (1996)

HOVSONS, INC.; John Does, v. TOWNSHIP OF BRICK, a Municipal Corporation in Ocean County; Zoning Board of Adjustment Of The Township of Brick, Hovsons, Inc., Appellant at No. 95-5648, Township of Brick, Appellant at No. 95-5666.

United States Court of Appeals, Third Circuit.

Decided July 18, 1996.

Attorney(s) appearing for the Case

Beth Pepper (argued), Stein & Schonfeld, Baltimore, Maryland, for appellant/cross-appellee Hovsons, Inc.

Thomas E. Monahan (argued), Charles W. Hutchinson, Gilmore & Monahan, Toms River, New Jersey, for appellee/cross-appellant Township of Brick, a Municipal Corporation in Ocean County.

Sally P. Dunaway, American Association of Retired Persons, Washington, D.C., American Ass'n of Retired Persons Amicus-appellant, No. 95-5648.

Andrew D. Levy, Brown, Goldstein & Levy, Baltimore, Maryland, The National Ass'n of Social Workers, Inc. Amicus-appellant, No. 95-5648 Amicus-appellee, No. 95-5666 American Seniors Housing Amicus-appellant, No. 95-5648 Amicus-appellee, No. 95-5666, The National Senior Citizens Law Center Amicus-appellant, No. 95-5648 Amicus-appellee, No. 95-5666.

Before: COWEN, NYGAARD and LEWIS, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

In this case we must decide whether the Township of Brick's refusal to grant a variance to Hovsons, Inc. ("Hovsons") to build a nursing home in the Township's R-R-2 zone, an area the district court found to be predominantly residential, violates the mandate of the Fair Housing Amendments Act of 1988 ("FHAA"), 42 U.S.C. § 3601 et seq., that all municipalities provide "reasonable accommodations" to handicapped...

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