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HOWARD v. CITY OF BEAVERCREEK

No. 00-4143.

276 F.3d 802 (2002)

Joseph L. HOWARD, Plaintiff-Appellant, v. CITY OF BEAVERCREEK, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 9, 2002.

Pursuant to Sixth Circuit Rule 206.

Attorney(s) appearing for the Case

Michael C. Thompson (briefed), Dayton, OH, for Appellant.

Robert Forrest Cowdrey (briefed), Jenks, Surdyk, & Cowdrey, Dayton, OH, for Appellee.

Before SILER and BATCHELDER, Circuit Judges; HOOD, District Judge.

OPINION

SILER, Circuit Judge.

Plaintiff Joseph L. Howard brought suit against the defendant City of Beavercreek ("Beavercreek") alleging that the denial of his request for a variance to Beavercreek's zoning law to accommodate his handicap violated 42 U.S.C. § 3604(f)(3)(B) of the Fair Housing Amendments Act of 1988 ("FHAA") and subsections 4112.02(H)(1), (4), (18), and (19) of the Ohio Revised Code. Howard appeals the district court's order granting...

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