Property

Brief

City of Cleburne v. Cleburne Living Center, Inc.

Procedural History:

• City denied a special use permit for the operation of a group home for the mentally retarded.
• Court of appeals stated that it violated the equal protection act. Ruled for Living Center.
• Affirmed that ordinance is invalid.

Facts:

• 1980, Hannah purchased a building with the intention of creating a group home for the mentally retarded.
• Anticipated that this house would house 13 retarded men and women who would be under constant supervision.
• Living center applied for a special permit in order to operate the home in that location.
• The city determined that the proposed group home should be classified as a hospital for the feeble minded and denied the special use permit.

Issue:

• Is the ordinance invalid because it discriminated against the mentally retarded in violation of the equal protection rights of CLC and potential residents?

Holding:

• Yes.

Reasoning:

• The court considered heightened scrutiny to be particularly appropriate in this case, because the city’s ordinance withheld a benefit, which although not fundamental, was very important to the mentally retarded.
• The general rule is that legislation is presumed to be valid and will be sustained if the classification drawn by the statute is rationally related to a legitimate state interest.
• The home does not pose any special threat to the city’s legitimate interests.
• The court believes that if the city would allow fraternities, apartments, and hospitals, they have proposed no real reason why the proposed plans should not be approved.