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ELDERHAVEN, INC. v. CITY OF LUBBOCK, TEX.

No. 95-10851.

98 F.3d 175 (1996)

ELDERHAVEN, INC., Plaintiff-Appellant, v. CITY OF LUBBOCK, TX, a Municipal Corporation; City Planning and Zoning Commission, a Political Subdivision of the City of Lubbock, Texas; Zoning Board of Adjustment of the City of Lubbock, Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 11, 1996.

Attorney(s) appearing for the Case

John C. Sims, Sims, Kidd, Hubbert & Wilson, Lubbock, TX, Garth Anthony Corbett, Austin, TX, for plaintiff-appellant.

Sidney Katherine Powell, Powell & Associates, Dallas, TX, Linda Lorraine Chamales, Lubbock, TX, S. Ann Saucer, Dallas, TX, for defendants-appellees.

Gregory Bryan Friel, Jessica Dunsay Silver, United States Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, for United States of America, amicus curiae.

Dorothy G. Palumbo, Texas Municipal League, Austin, TX, for Texas Municipal League and Texas City Attorneys' Association, amicus curiae.

Before GARWOOD, HIGGINBOTHAM and BENAVIDES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Today we affirm a summary judgment granted to a Texas municipality dismissing claims of discrimination against handicapped persons under the Fair Housing Act. We are persuaded that the City in administering its zoning laws has reasonably accommodated the needs of the company complaining here.

I

In the late 1980s and early 1990s, Art and Mary Griffin founded Elderhaven...

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