Hamm v. City of Gahanna

109 F. App'x 744
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 31, 2004
DocketNo. 03-3120
StatusPublished
Cited by6 cases

This text of 109 F. App'x 744 (Hamm v. City of Gahanna) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hamm v. City of Gahanna, 109 F. App'x 744 (6th Cir. 2004).

Opinion

DAVID A. NELSON, Circuit Judge.

The plaintiffs in this case allege that the city of Gahanna, Ohio, its mayor, and certain members of its city council unlawfully refused to re-zone the plaintiffs’ property so as to allow construction of group homes for elderly and disabled persons. The district court entered summary judgment for the defendants, holding that there was no more than a scintilla of evidence of unlawful discrimination and that the requested zoning change was not a necessary accommodation of persons with disabilities. Upon de novo review, we conclude that the challenged judgment should be affirmed.

I

The plaintiffs, Jessie and Albert Hamm, have lived on a five-acre lot in Gahanna since 1978. In 1994, the Hamms decided to build group structures for elderly and disabled persons on a portion of their property. They planned to build four homes, each of which would house five residents, and to operate the complex with the assistance of their children and a hired staff.

The property was zoned for single-family housing. Mr. and Mrs. Hamm sought a conditional use variance that would permit them to build group homes for the elderly and disabled, but the city’s zoning administrator advised them that a variance could not be granted unless the code definitions of “family” and “family care home” were modified.1 Mrs. Hamm worked with the zoning administrator and the city’s planning commission to formulate modified definitions, but the Hamms eventually concluded that their conditional use application could be granted without modification of the code. They presented this possibility to the city attorney, who suggested that the better approach would be to apply for a zoning change. Mr. and Mrs. Hamm followed the attorney’s advice and submitted their application for re-zoning in January of 1995.

The application was considered first by the planning commission, which held two public meetings on the matter. Several of the Hamms’ neighbors voiced opposition to the proposed re-zoning. The concerns raised by the neighbors included: “increased traffic,” “decline in property values,” “safety issues,” anticipated poor maintenance of the property by the Hamms, the questionable economic viability of the proposed facilities, and the possibility that the complex might become “a halfway house situation with drug addicts and alcoholics” or a “homeless shelter.” Despite the opposition of the neighbors, the planning commission voted unanimously to recommend approval of the Hamms’ application.

The application then went to the city council, which discussed the Hamms’ proposal at four meetings in the spring of 1995. At the first meeting, the council heard from an attorney hired by neighbors who opposed the application. The attorney raised several issues, including the neighbors’ concern that “[sjurrounding properties will be devalued and, if [746]*746[the] project fails, further devaluation will occur.” At the second meeting, members of the council discussed reservations relating to the Hamms’ plan to build a private drive instead of a public street, limitation of the facility to elderly residents, and various legal questions raised by the lawyer for the opponents of the project. The council discussed some of these issues further in the third meeting. At the fourth meeting, the council heard again from the opponents’ lawyer and from several of the neighbors themselves. The lawyer’s remarks focused on “the impact on the economics of the neighborhood.” The neighbors who were present echoed those remarks and argued against any commercial development of the property: “[w]e don’t want a business over there”; “[l]eave it the way it is”; “your actions here tonight could dramatically hurt us in our pocketbooks and in our lifestyles.”

When the matter came to a vote, the city council divided 3-3, with one abstention, thereby denying the application. Two of the council members who voted against the application said on the record that they did so to protect the neighbors’ property values. The third member who voted “no” did not state his reasons.

In September of 1996, Mr. and Mrs. Hamm sued the city, the mayor, and the four city council members who had not voted in favor of the re-zoning application. The complaint alleged that in denying the application the defendants had violated the Fair Housing Act, 42 U.S.C. §§ 3604 & 3617, the Rehabilitation Act, 29 U.S.C. § 794, the Americans with Disabilities Act, 42 U.S.C. § 12132, and the Ohio Fair Housing Act, O.R.C. § 411.02(H). (The complaint did not allege that the denial of the application violated any statute prohibiting discrimination on the basis of age.) The Hamms sought compensatory and punitive damages as well as injunctive relief.

The defendants moved for summary judgment. The case was stayed, however, while the plaintiffs resubmitted their zoning change application to a new city council. The new council approved the application, thereby mooting the Hamms’ request for injunctive relief.2

The district court then reopened the case and granted summary judgment in favor of the defendants on the Hamms’ claims for damages. The court held (1) that Mr. and Mrs. Hamm had adduced no more than a scintilla of evidence of intentional discrimination of the sort prohibited by law and (2) that the Hamms could not show that the requested zoning change was a necessary accommodation of persons with disabilities. As a “partial alternative basis” for summary judgment, the court held that the Hamms’ evidence of lost profits was too speculative. The court dismissed the state-law claim on immunity grounds, along with all claims against the individual defendants in their personal capacities, and it dismissed the request for punitive damages. Mr. and Mrs. Hamm filed a timely notice of appeal.

II

On appeal, the Hamms challenge the district court’s rulings on intentional discrimination, failure to make accommodations, and lost profits. They do not challenge the dismissal of the state-law claim, the personal-capacity claims, or the punitive damage claims.

Federal law “prohibits excluding disabled persons from housing because of their disability and requires [the making of] reasonable accommodations necessary to ensure the handicapped equal housing [747]*747opportunities.” Smith & Lee Associates, Inc. v. City of Taylor, 13 F.3d 920, 924 (6th Cir.1993) (citing 42 U.S.C. § 3604). These provisions apply to “municipal zoning ordinances that affect housing opportunities for the disabled” and “discriminatory actions taken by municipalities pursuant to zoning ordinances.” Id.

A

To establish a prima facie case of intentional discrimination, the Hamms must present evidence to show that impermissible “ ‘discriminatory purpose was a motivating factor’ ” in the city council’s decision to reject their application. Smith & Lee Associates, Inc. v. City of Taylor,

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109 F. App'x 744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamm-v-city-of-gahanna-ca6-2004.