[DOWNLOAD] "Dadian v. Village of Wilmette" by Seventh Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Dadian v. Village of Wilmette
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 18, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
George and Astrid Dadian wanted to reconstruct their home with an attached, front garage. A local ordinance allowed a permit for a front driveway when 50% of the homes on the homeowners block already had front or side driveways, or when the homeowner could demonstrate a hardship. Only six of sixteen homes on the Dadians block had front or side drives, so they petitioned pursuant to the hardship exception claiming they had problems with walking (Mrs. Dadian has osteoporosis and asthma, and Mr. Dadian has orthopedic problems). The Village trustees in a 5-2 vote denied the permit because, among other reasons, they believed Mrs. Dadians problems with "twisting and turning" would create a safety hazard to the small children on the block. The Dadians sued the Village for disability discrimination under Title II of the Americans with Disabilities Act, 42 U.S.C. sec. 12131 et seq. ("ADA"), and the Fair Housing Amendments Act of 1988, 42 U.S.C. sec. 3601 et seq. ("FHAA"), and for a denial of equal protection and substantive due process under 42 U.S.C. sec. 1983. The case went to trial before a jury, which rendered a verdict in favor of the Dadians. Because we find that there was sufficient evidence to support the jurys verdict and no error in the jury instructions or evidentiary rulings, we affirm.