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Keys Youth Services v. City of Olathe

248 F.3d 1267 (2001)

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Keys Youth Services v. City of Olathe

United States Court of Appeals for the Tenth Circuit
248 F.3d 1267 (2001)

  • Written by Tanya Munson, JD

Facts

Keys Youth Services, Inc. (Keys) (plaintiff) operated group homes. Keys purchased a house in Olathe City (defendant), Kansas, to establish a group home for 10 troubled adolescent males. The house was in a neighborhood zoned for single-family residential use. Olathe’s relevant definition of a family included eight or fewer disabled persons and two guardians. Keys did not qualify as a family under Olathe’s definition, so Keys applied for a special-use permit for the proposed home. In response to Keys’ application, the neighbors filed a protest petition with the Olathe Planning Commission. The neighbors argued that the troubled adolescents would increase crime, decrease property values, and pose a threat to children in the area. The commission recommended to the Olathe City Council that Keys’ application be denied. Keys sued Olathe, alleging state-law claims and that Olathe and city council members denied the special-use permit based on the potential occupants’ familial status and handicaps in violation of the Fair Housing Act (FHA). The district court granted summary judgment for Keys’ familial-status claim and granted summary judgment for Olathe on Keys’ handicap-status claim.

Rule of Law

Issue

Holding and Reasoning (McKay, J.)

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