City of Kenner v. Normal Life of Louisiana, Inc.

483 So. 2d 903, 1986 La. LEXIS 5709
CourtSupreme Court of Louisiana
DecidedFebruary 24, 1986
Docket85-C-0782
StatusPublished
Cited by5 cases

This text of 483 So. 2d 903 (City of Kenner v. Normal Life of Louisiana, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Kenner v. Normal Life of Louisiana, Inc., 483 So. 2d 903, 1986 La. LEXIS 5709 (La. 1986).

Opinion

483 So.2d 903 (1986)

CITY OF KENNER
v.
NORMAL LIFE OF LOUISIANA, INC.

No. 85-C-0782.

Supreme Court of Louisiana.

February 24, 1986.

James A. Gray, II, Jefferson, Bryan & Gray, for defendant-applicant.

George W. Giocobbe, for plaintiff-respondent.

LEMMON, Justice.

This is an action by the City of Kenner to enjoin Normal Life of Louisiana, Inc. from operating a community home as a residence for six mentally retarded persons in a neighborhood which is restricted by the municipal zoning ordinance to single family dwellings. The issues are (1) whether the City's zoning ordinance by its terms prohibits such use in an R-1 Single Family Residential *904 district, and (2) whether the ordinance's prohibition conflicts with state law or public policy.

Facts

Normal Life leased five residences within the City of Kenner for use as community homes. The City's Planning Department informed Normal Life that no approval was required, and the Mayor wrote a letter stating the City's position that such homes could be located in residential districts zoned for single family dwellings. Normal Life began operation of the homes upon obtaining licenses from the state. When complaints were received from neighbors, the City notified Normal Life that the City's zoning ordinance prohibited occupying of a residence in a single family residential district by more than four unrelated persons and that Normal Life had failed to obtain approval of the site as required by La.R.S. 28:478 C. Eventually the City filed this action to enjoin operation of the homes.

At trial the parties stipulated that the properties leased by Normal Life were located in areas zoned as single family residential districts; that Normal Life provided at each residence living quarters and related services for six mentally retarded persons, unrelated by blood, who were not mentally ill or insane, but who had employment or were in job training outside the home; that staff supervisors were provided for twenty-four-hour-per-day supervision, but did not reside in the home; and that each residence was an ordinary house with one kitchen.[1]

After a hearing, the trial court rendered a judgment permanently enjoining operation of the homes. The court of appeal affirmed. 465 So.2d 82. The appellate court rejected Normal Life's argument that La.R.S. 28:381(8)'s characterization of a community home with six or fewer mentally retarded persons as a single family unit superceded the definition of single family dwelling in the City's zoning ordinance. The court also rejected Normal Life's contention that it was misled by City officials in failing to obtain the required approval.[2] We granted certiorari to review the decisions of the lower courts. 470 So.2d 115.

Ordinance Prohibiting Certain Uses

The City denied Normal Life's use of any of the properties for a community home occupied by six mentally retarded persons on the basis that the number of occupants unrelated by blood exceeded the limitation of four persons in the zoning ordinance's definition of family.[3] The definition of family, in the article which defines terms and words for purposes of the ordinance, was as follows:

"Family. An individual or two or more persons who are related by blood or marriage living together and occupying a single house-keeping unit with single culinary facilities, or a group of not more than four persons living together by joint agreement and occupying a single *905 housekeeping unit with single culinary facilities on a non-profit, cost sharing basis. Domestic servants employed and residing on the premises shall be considered as part of the family." (emphasis added)

Normal Life contends that despite the restriction on the number of residents, its use of the property for a community home did not violate the literal terms of the section on permitted uses in single family residential districts.

Section 6.02 of the ordinance listed the permitted uses in single family residential districts in pertinent part as follows:

"A. A building or land shall be used only for the following purposes:
"1. Single family dwellings."

The ordinance, by permitting a building or land in this zoning district to be used only for the listed purposes, prohibited the use of a building or land for any other purpose. Therefore, the definition of single family dwelling is critical to the determination whether Normal Life's use was a permitted use or a prohibited use.

Single family dwelling was defined in the definitions section as "[a] building designed for or occupied exclusively by not more than one family", (emphasis added). Normal Life argues that since the term is defined in the disjunctive, a building under the literal definition is a single family dwelling if it is either designed for not more than one family or occupied exclusively by not more than one family. Normal Life therefore contends that its building is a single family dwelling because it is designed for not more than one family, and that occupancy of that permitted building by six unrelated persons is not prohibited by the literal terms of the restrictions for single family residential districts.

A zoning ordinance which is subject to more than one reasonable interpretation should be construed in favor of unrestricted use of property. We conclude, however, that the interpretation suggested by Normal Life is not reasonable.

Section 6.02 prohibits the use either of land or of a building for purposes other than the listed purposes. In the light of this dual prohibition, the definition of single family dwelling should be construed to apply separately to the use of land and the use of a building. As to land, Section 6.02 prohibits use of land within the district for construction or alteration of a structure designed for more than one family. As to a building, Section 6.02 prohibits use of a building for occupancy by more than one family. When interpreted to apply separately to the use of land at the time of construction or alteration or to the use of a building at the time of occupancy, the definition of single family dwelling achieves the clear legislative intent to restrict either the use of a building or the use of land to specific purposes. On the other hand, the interpretation of the ordinance suggested by Normal Life is unreasonably technical and contrary to the clear intent of the ordinance to limit both the use of land for construction and the use of the building constructed thereon.

We therefore conclude that the term "single family dwelling", as a use restriction, cannot reasonably be construed as a disjunctive definition which permits a building to qualify for use as a single family dwelling if it was designed at the time of its construction for not more than one family, but is used at the time of its occupancy by more than one family (as defined elsewhere in the ordinance). Otherwise, the definition of family in the ordinance would be useless, and Section 6.02 would never prohibit use of a building with one kitchen by more than one family.

We distinguish this court's interpretation in Clark v. Manual, above, of a building restriction which prohibited only the erection or alteration on a single lot of a structure other than a single family dwelling. This court held that the use

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Bluebook (online)
483 So. 2d 903, 1986 La. LEXIS 5709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-kenner-v-normal-life-of-louisiana-inc-la-1986.