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ARC OF NEW JERSEY, INC. v. STATE OF N.J.

Civil Action No. 93-1399.

950 F.Supp. 637 (1996)

The ARC OF NEW JERSEY, INC., a New Jersey non-profit corporation; Mental Health Association in New Jersey, Inc., a New Jersey non-profit corporation; Camden County Unit of the New Jersey Association for Retarded Citizens, Inc., a New Jersey non-profit corporation; J.F., G.F., and R.W., three incompetent adults, by their guardian, the Bureau of Guardianship Services of the New Jersey Division of Developmental Disabilities (David Hearn, Guardianship Worker); and the Mental Health Association in Southwestern New Jersey, Inc., a New Jersey non-profit corporation, Plaintiffs, v. The STATE OF NEW JERSEY, Defendant.

United States District Court, D. New Jersey.

December 31, 1996.

Attorney(s) appearing for the Case

Community Health Law Project by Susan DiMaria, East Orange, New Jersey, for Plaintiffs.

Peter Verniero, Attorney General of New Jersey by Judith A. Nason, Esq., Deputy Attorney General, Trenton, New Jersey, for Defendant, the State of New Jersey.

OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

BROTMAN, District Judge:

Over two years ago another Judge of this Court, the Honorable Harold A. Ackerman, U.S.D.J., determined that certain provisions of a New Jersey zoning enabling statute violated the nation's Fair Housing Amendments Act of 1988 (the "FHAA"). The FHAA prohibits discrimination in housing against persons with handicaps. Judge Ackerman declared...

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