Geraldine LARKIN, Plaintiff-Appellee,
Michigan Protection and Advocacy Service, Intervenor-Appellee,
v.
STATE OF MICHIGAN DEPARTMENT OF SOCIAL SERVICES, Defendant-Appellant,
State of Michigan; City of Westland, Defendants.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued April 10, 1996.
Decided July 16, 1996.
Attorney(s) appearing for the Case
Gregory J. Bator (argued and briefed), Bator & Zartarian, Birmingham, MI, for plaintiff-appellee Geraldine Larkin.
Stewart R. Hakola (briefed), Michigan Protection & Advocacy Service, Marquette, MI, Gayle C. Rosen (argued and briefed), Michigan Protection & Advocacy Service, Livonia, MI, Beth Pepper (briefed), Stein & Schonfeld, Baltimore, MD, for intervenor Michigan Protection and Advocacy Service.
Stephen H. Garrard, Asst. Atty. Gen. (argued and briefed), Dept. of Atty. Gen., Social Services Div., Lansing, MI, for defendant-appellant Michigan Dept. of Social Services.
William D. Winters, Angela B. King (briefed), McLain & Winters, Ypsilanti, MI, for amicus curiae Ypsilanti Tp.
Roy W. Froemming, Wisc. Coalition for Advocacy, Madison, WI, for amicus curiae Nat. Ass'n of Protection & Advocacy Systems.
Kathy L. Peterson (briefed), Ypsilanti, MI, for amici curiae ARC of Michigan, Autism Society of Michigan, United Cerebral Palsy of Michigan, Ass'n for Community Advocacy, Disability Network, American Disabled for Asst. Programs Today (ADAPT), of Michigan.
Kenneth C. Sparks, Bauckham, Reed, Lang, Schaefer & Travis, Kalamazoo, MI, for amicus curiae Michigan Tps. Ass'n.
Rebecca K. Troth (argued and briefed), U.S. Dept. of Justice, Civil Rights Div., Appellate Section, Washington, DC, for amicus curiae U.S.
Before: SUHRHEINRICH and SILER, Circuit Judges; ANN ALDRICH, District Judge.
United States Court of Appeals, Sixth Circuit.
ANN ALDRICH, District Judge.
Defendant-Appellant State of Michigan Department of Social Services appeals from an order of the district court granting summary judgment in favor of plaintiff-appellee Geraldine Larkin and intervenor-appellee Michigan Protection and Advocacy Services. The district court held that the spacing and notice requirements of the Michigan Adult Foster Care Licensing Act are preempted by the federal Fair Housing Act and violate the equal protection...
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