Zoning Laws & Methadone Treatment


Both parties filed motions for partial summary judgment, the Court denied both motions

Both parties filed motions for partial summary judgment on October 27, 2011.

RHJ argued it is entitled to summary judgment on liability for all six causes of action brought under the ADA, RA, and Fourteenth Amendment because RHJ has proved the elements necessary for standing, there is no dispute that the City is a qualifying entity under the ADA and RA, and the evidence overwhelmingly demonstrates the City’s animus toward Plaintiff, which constitutes discriminatory intent.  The Court denied both motions and the case proceeded to trial because there were “countless issues of disputed material fact that cannot be resolved prior to trial.” The bench trial was scheduled to commence February 21, 2012.