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KEYS YOUTH SERVICES, INC. v. CITY OF OLATHE, KS

Nos. 99-3387 & 99-3388.

248 F.3d 1267 (2001)

KEYS YOUTH SERVICES, INC., a Kansas not-for-profit corporation, Plaintiff-Appellee/ Cross-Appellant, v. CITY OF OLATHE, KANSAS, a Municipal corporation, Defendant-Appellant/ Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

May 11, 2001.

Attorney(s) appearing for the Case

Anthony F. Rupp (Andrew M. DeMarea with him on the briefs) of Shughart Thomson & Kilroy, P.C., Overland Park, Kansas, for Appellant/Cross-Appellee City of Olathe, Kansas.

James H. Ensz of Ensz & Jester, P.C., Kansas City, Missouri, for Appellee/Cross-Appellant Keys Youth Services, Inc.

Before LUCERO, McKAY, and MURPHY, Circuit Judges.

McKAY, Circuit Judge.

Defendant Olathe City, Kansas, appeals from the district court's summary judgment determination that it denied a zoning permit to Plaintiff Keys Youth Services, Inc., based on Keys' familial status in violation of the Fair Housing Act (FHA), 42 U.S.C. § 3604. Keys cross-appeals from the court's bench trial ruling that Olathe's denial of the zoning permit was not based on Keys' handicap status under the FHA and that the permit denial did...

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