Constitutional Law Keyed to Stone
City of Cleburne v. Cleburne Living Center
Facts
A zoning ordinance for the City of Cleburne (the City) permitted a wide variety of uses on a proposed cite of land, including for hospitals, for sanitariums and for homes for the aged, but excluded the operation of homes for the insane or feebleminded. The City, acting pursuant to the ordinance, denied an applicant a special use permit for the operation of a group home for the mentally retarded. The Court of Appeals held that the ordinance and the denial violated the Equal Protection Clause of the Constitution.
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