Seventh Circuit Dismisses ADA Challenge to Local Zoning Regulations
The Seventh Circuit Court of Appeals dismissed a lawsuit brought against a municipality that sought to compel the municipality to issue a letter of zoning compliance for an addiction treatment center. Chosen Consulting, LLC v. Town Council of Highland.
After a change in ownership, a healthcare facility sought approvals to operate a treatment facility for patients suffering from addiction-related disorders. As part of the state licensing process, the facility was required to obtain a letter of zoning compliance from the town before it could receive a state license required to operate. Town officials informed the facility it would need a zoning variance to operate the facility. The facility never applied for the required variance, and town officials refused to issue the letter of zoning compliance requested by the facility. The facility sued the town claiming the town’s zoning regulations discriminated against disabled individuals. In its lawsuit, the facility sought an injunction from the court to order the town to stop obstructing the facility from treating addiction patients and compel the town to issue a letter of zoning compliance.
The district court ruled for the town and dismissed the facility’s lawsuit. Because the facility failed to apply for the required zoning variance, the court ruled the facility could not bring a lawsuit in federal court until it obtained a final zoning decision from the town on the desired change in use to operate the treatment facility.
On appeal, the Seventh Circuit Court of Appeals upheld the district court’s dismissal of the lawsuit. The Seventh Circuit held that a lawsuit challenging a local zoning decision and seeking equitable relief under Title II of the Americans with Disabilities Act cannot be brought in federal court until a municipality has made a final, conclusive decision on an application for zoning relief. Since the facility never applied for a variance under the town’s zoning regulations, the court ruled the facility could not bring a lawsuit in federal court because there had been no final decision on the proposed change in use.
Post Authored by Tyler Smith & Julie Tappendorf, Ancel Glink
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