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TILLMAN v. WHEATON-HAVEN RECREATION ASSN.

No. 71-1136.

410 U.S. 431 (1973)

93 S.Ct. 1090

35 L.Ed.2d 403

TILLMAN ET AL. v. WHEATON-HAVEN RECREATION ASSN., INC., ET AL.

Supreme Court of United States.

Decided February 27, 1973.

Attorney(s) appearing for the Case

Allison W. Brown, Jr., argued the cause for petitioners. With him on the briefs were Raymond W. Russell, Samuel A. Chaitovitz, Melvin L. Wulf, and Sanford Jay Rosen.

Henry J. Noyes argued the cause and filed a brief for respondents Wheaton-Haven Recreation Assn., Inc., et al. John H. Mudd argued the cause for respondent E. Richard McIntyre. With him on the brief was H. Thomas Howell.*

MR. JUSTICE BLACKMUN delivered the opinion of the Court.

Wheaton-Haven Recreation Association, Inc., a non-profit Maryland corporation, was organized in 1958 for the purpose of operating a swimming pool. After a membership drive to raise funds, the Association obtained zoning as a "community pool" and constructed its facility near Silver Spring, Maryland. The Association is essentially a single-function recreational club, furnishing only swimming and related amenities...

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