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ASS'N FOR ADVMT. OF MENT. HNDCAP. v. CITY ELIZABETH

Nos. Civ. No. 92-537 (HAA), Civ. No. 92-846 (HAA).

876 F.Supp. 614 (1994)

ASSOCIATION FOR ADVANCEMENT OF THE MENTALLY HANDICAPPED, INC., a New Jersey Not-for-Profit Corporation, Creative Property Management of N.J., Inc., a New Jersey Corporation, and Annie Sims and James Williams, Plaintiffs, v. CITY OF ELIZABETH, a municipal corporation of the State of New Jersey, City Council of the City of Elizabeth, and William Rapp, in his capacity as Director of Construction for the City of Elizabeth, Defendants.

United States District Court, D. New Jersey.

October 25, 1994.

Attorney(s) appearing for the Case

Robert C. Griffen, Glerum, Griffen and Grinrod, Totowa, NJ, for plaintiffs, AAMH and CPM, Inc.

Stephen Eisdorfer, Hill Wallack, Princeton, NJ, for plaintiffs, Annie Sims and James Williams.

Raymond T. Bolanowski, Elizabeth, NJ, for defendants.

OPINION

HAROLD A. ACKERMAN, District Judge.

This matter comes before the court today upon a motion by plaintiffs for partial summary judgment pursuant to Federal Rule of Civil Procedure 56. For the reasons detailed below, plaintiffs' motion is GRANTED.

I. Introduction

This case involves the following question: Does a municipal ordinance, and the state statute upon which the ordinance is based, that sets up three barriers...

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