4.5 D. Land Use Regulation That Excludes Persons With Disabilities

LibraryDisability Law and Practice, Vol. 3 (NY) 2017

D. Land Use Regulation That Excludes Persons With Disabilities

Since the U.S. Supreme Court decided Village of Euclid, Ohio v. Ambler Realty Co.,42 which upheld the validity of municipal zoning ordinances against claims that such restrictions violated the property rights of landowners, state and local authorities have enjoyed almost unfettered discretion in regulating land use. When community-based housing (i.e., “group homes”) for people with mental disabilities emerged as an alternative to the abusive...

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