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BRYANT WOODS INN, INC. v. HOWARD COUNTY, MD.

Nos. 96-1244, 96-1284.

124 F.3d 597 (1997)

BRYANT WOODS INN, INCORPORATED, Plaintiff-Appellant, v. HOWARD COUNTY, MARYLAND; Howard County Planning Board, Defendants-Appellees. The American Association of Retired Persons; The Bazelon Center; Assisted Living Facilities Association of America; Assisted Living Legal Defense and Education Fund, Incorporated; National Fair Housing Alliance; Oxford House, Amici Curiae. BRYANT WOODS INN, INCORPORATED, Plaintiff-Appellee, v. HOWARD COUNTY, MARYLAND; Howard County Planning Board, Defendants-Appellants. The American Association of Retired Persons; The Bazelon Center; Assisted Living Facilities Association of America; Assisted Living Legal Defense and Education Fund, Incorporated; National Fair Housing Alliance; Oxford House, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided August 25, 1997.

Attorney(s) appearing for the Case

ARGUED: Beth Pepper, Stein & Schonfeld, Baltimore, MD, for Appellant. Louis Paul Ruzzi, Senior Assistant County Attorney, Paul Tebbetts Johnson, Deputy County Solicitor, Ellicott City, MD, for Appellees. ON BRIEF: Barbara M. Cook, Howard County Solicitor, Ellicott City, MD, for Appellees. Lois G. Williams, Ellen S. Winter, Howrey & Simon, Washington, DC; John T. Relman, Christine R. Ladd, Washington Lawyers Committee For Civil Rights And Urban Affairs, Washington, DC, for Amici Curiae.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILKINS and Judge HAMILTON joined.

OPINION

NIEMEYER, Circuit Judge:

Bryant Woods Inn, Inc., a group home for handicapped persons, seeks to expand from 8 residents to 15 residents. When Howard County, Maryland, refused to waive its neutral zoning regulation to allow this expansion, Bryant Woods Inn sued the county, contending that it had violated the Fair Housing Act,...

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