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SCOGGINS v. LEE'S CROSSING HOMEOWNERS ASS'N

Nos. 11-2202, 11-2373.

718 F.3d 262 (2013)

Jacob SCOGGINS, an individual; Dan Scoggins; Debbie Scoggins, Plaintiffs-Appellants, v. LEE'S CROSSING HOMEOWNERS ASSOCIATION, a Virginia corporation and Property Owner's Association; Jack H. Merritt, Jr., an individual, Defendants-Appellees. Jacob Scoggins, an individual; Dan Scoggins; Debbie Scoggins, Plaintiffs-Appellees, v. Lee's Crossing Homeowners Association, a Virginia corporation and Property Owner's Association; Jack H. Merritt, Jr., an individual, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: May 17, 2013.

Attorney(s) appearing for the Case

ARGUED: Charles Duke Ferguson , Marko & Magolnick, Miami, Florida, for Appellants/Cross-Appellees. Michael Sterling Dingman , Reed Smith, LLP, Falls Church, Virginia, for Appellees/Cross-Appellants. ON BRIEF: J. Damian Ortiz , The John Marshall Law School, Fair Housing Legal Clinic, Chicago, Illinois; Miguel M. de la O , De La O. Marko , Magolnick & Leyton, Miami, Florida, for Appellants/Cross-Appellees. Richard D. Kelley , Reed Smith, LLP, Falls Church, Virginia, for Appellees/Cross-Appellants.

Affirmed in part, vacated in part and remanded by published opinion. Judge KEENAN wrote the opinion, in which Judge NIEMEYER and Judge MOTZ joined.

OPINION

BARBARA MILANO KEENAN, Circuit Judge:

In this appeal, we consider the district court's summary judgment holding that the plaintiffs, Dan Scoggins, Debbie Scoggins, and their son Jacob Scoggins (collectively, the plaintiffs), were not entitled under the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601 through 3631 (the FHAA), to an accommodation and a modification that they requested from the Lee's Crossing Homeowners Association ...

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