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Trovato v. City of Manchester

 

The Trovato family, including two individuals with muscular dystrophy, sought permission from the City of Manchester to put a short driveway near their front entrance to facilitate leaving and entering their house and car. The City denied a permit.

In a 1997 decision, the court found:

- The City did not consider its responsibility to ensure that persons with disabilities are not subject to discrimination.

- The City did not balance the interests and benefits to the Trovatos against the interest and burden to the City.

- The City failed to reasonably accommodate the family as required by the Fair Housing Amendments Act and the Americans with Disabilities Act.

The city was enjoined from enforcing its zoning code in any way that would restrict or impede the Trovatos from paving and maintaining a parking space in their front yard.

Judge McAuliffe's Order on Summary Judgment and Permanent Injunction

 

 

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page last updated: 5/5/08