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CITY OF CLEBURNE v. CLEBURNE LIVING CENTER, INC.

No. 84-468.

473 U.S. 432 (1985)

105 S.Ct. 3249

87 L.Ed.2d 313

CITY OF CLEBURNE, TEXAS, ET AL. v. CLEBURNE LIVING CENTER, INC., ET AL.

Supreme Court of United States.

Reargued April 23, 1985

Decided July 1, 1985

Attorney(s) appearing for the Case

Earl Luna reargued the cause for petitioners. With him on the briefs were Robert T. Miller, Jr., and Mary Milford.

Renea Hicks reargued the cause for respondents. With him on the brief were Diane Shisk and Caryl Oberman.*

JUSTICE WHITE delivered the opinion of the Court.

A Texas city denied a special use permit for the operation of a group home for the mentally retarded, acting pursuant to a municipal zoning ordinance requiring permits for such homes. The Court of Appeals for the Fifth Circuit held that mental retardation is a "quasi-suspect" classification and that the ordinance violated the Equal Protection Clause because it did not substantially...

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