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OCONOMOWOC RESIDENTIAL PROG. v. CITY OF MILWAUKEE

No. 01-1002.

300 F.3d 775 (2002)

OCONOMOWOC RESIDENTIAL PROGRAMS, INCORPORATED, a domestic corporation, Plaintiff-Appellee, and Wisconsin Coalition for Advocacy, a domestic non-profit corporation, Janet K., by her legal guardians, Geraldine K. and Clarence K., and Valerie D., by her legal guardian, Theresa H., Intervenors-Appellees, v. CITY OF MILWAUKEE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 8, 2002.

Attorney(s) appearing for the Case

Mark A. Peterson (Argued), McNally, Maloney & Peterson, Milwaukee, WI, for Plaintiff-Appellee.

Jan A. Smokowicz (Argued), Milwaukee City Attorney's Office, Milwaukee, WI, for Defendant-Appellant.

Michael J. Bachhuber, Wisconsin Coalition for Advocacy, Milwaukee, WI, for Intervenor-Appellee. Robert Theine Pledl, Schott, Bublitz & Engel, Brookfield, WI, for Intervenors-Appellees.

Before CUDAHY, ROVNER, and DIANE P. WOOD, Circuit Judges.

ROVNER, Circuit Judge.

After the City of Milwaukee (City) denied Oconomowoc Residential Programs, Inc. (ORP) a zoning variance to operate a community living facility in the City, ORP sued the City for violations of the Fair Housing Amendments Act (FHAA) and the Americans with Disabilities Act (ADA). The district court granted Oconomowoc's and plaintiff-intervenors' motion for partial summary judgment and denied the City's motion for summary judgment. The City appeals...

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