Frazier v. City of Grand Ledge, Mi

135 F.Supp.2d 845

Joseph M. FRAZIER and Barbara J. Frazier, d/b/a Colonial Park, AFC, Plaintiffs, v. CITY OF GRAND LEDGE, MICHIGAN, Defendant.

No. 5:00-CV-38.

United States District Court, W.D. Michigan, Southern Division.

March 19, 2001.

Daniel A. Gwinn, Bator & Berlin PC, Birmingham, MI, for Joseph M. Frazier Barbara J. Frazier, plaintiffs.

Patrick A. Aseltyne, Larry A. Salstrom, Johnson, Rosati, LaBarge, Aseltyne & Field, PC, Lansing, MI, for Grand Ledge, City of, defendant.

OPINION

ENSLEN, Chief Judge.

This matter is before the Court on Defendant's Motion for Summary Judgment. In its Motion, Defendant actually moves for dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6) and summary judgment pursuant to Federal Rule of Civil Procedure 56(c). For the reasons stated below, the Court grants Defendant's Motion.

BACKGROUND

Plaintiffs run an Adult Foster Care ("AFC") facility for six elderly handicapped persons at their residence. In August 1999, Plaintiffs wanted to add a 1200-foot, four-bedroom addition to their home to allow for six additional residents. Plaintiffs filed a request with Defendant for rezoning of their property from R-MD, single-family-residential medium density, to OS, Office Service. At that time, Grand Ledge Zoning Ordinance Section 501 allowed "foster care homes for the care and keeping of up to six (6) persons" as a matter of right. Zoning Ordinance Section 502 addressed principal uses permitted subject to special conditions. Section 502.4 allowed AFC homes provided they were registered with the State Department of Social Services, and the buildings were harmonious in appearance with the surrounding residential area.

At a September 9, 1999, Planning Commission meeting, Plaintiffs¹ presented their request. Plaintiffs' presentation concerned the physical addition to the property, the proposed parking area, and the general need for this type of housing. Prior to this meeting, Defendant's Zoning Administrator ("Administrator") prepared a report concerning Plaintiffs' zoning request as a part of her regular duties. The Administrator recommended that the Planning Commission deny Plaintiffs' request for rezoning. At this same meeting Plaintiffs indicated they were opposed to their own rezoning request and instead wanted the Commission to recommend a zoning change to the Council that would permit a 12 bed facility on their lot with a special use permit. (Minutes, September 9, 1999 Planning Comm'n Mtg.). At this point, a Commission member asked Plaintiffs if they wished to withdraw their rezoning request. This same Commission member explained that "even if a change is made to the ordinance to allow 12 bed facilities, it may not allow them on [Plaintiffs'] lot." (Minutes, September 9, 1999 Planning Comm'n Mtg.). Plaintiffs responded that they would withdraw their petition² and asked for guidance on proceeding with this matter at the Council level.³

At a September 13, 1999 meeting of Defendant's City Council, Plaintiffs asked the Council to direct the Planning Commission to review the Zoning Ordinance and make a recommendation regarding a change allowing for AFC small group homes with 7 to 12 residents within a single family residential district by a special use permit. The Council passed such a motion.

At subsequent meetings, the Planning Commission heard from several citizens who owned homes in the neighborhood where Plaintiffs operated their facility. Many of these citizens did not want the AFC facility expanded. At these meetings, the Commission Chairman stated that the issue before the Commission was the current Zoning Ordinance as opposed to the general need for AFC facilities. The Administrator stated that a seven — twelve resident facility would be permitted in Residential Planned Communities or in Office Service areas.

On November 18, 1999, the Commission discussed advice it received from the City's outside consultant that seven — twelve bed facilities should be allowed in Residential High Density, Residential Planned Community, and Office Service areas. At this meeting, Plaintiffs presented, through a letter, research they had conducted into the zoning of a neighboring township. In this letter, Plaintiffs also stated that "[t]he City of Grand Ledge affords no accommodation for homes in the six to twelve-bed range in single family residential settings ... the lack of accommodation would appear to be action under the FHAA [Fair Housing Act Amendment]." This is the only statement made by Plaintiff regarding accommodations and the FHAA.

At the December 9, 1999 Commission meeting, a proposed draft of an amendment to the Zoning Ordinance, entitled Ordinance No. 454 was presented for consideration. Plaintiffs stated that six resident AFC facilities were not included in the draft. The Commission reviewed a revised draft of the Ordinance on January 13, 2000. The revision paid more attention to making requirements consistent for all uses within each of the districts. The final changes to the Ordinance Amendment were discussed at a February 10, 2000 meeting. This version incorporated State definitions of AFC homes and other group homes. The Commission voted unanimously to recommend approval of the Ordinance Amendment to the City Council. Ordinance No. 454(1) defined Adult Foster Care Family Home as a private residence with the approved capacity to receive six or fewer adults, (2) defined Adult Foster Care Small Group Home as an adult foster care facility with the approved capacity to receive twelve or fewer adults to be provided with foster care, and (3) stated that small group homes for six or fewer adults were permitted by right in all districts where single family homes were permitted.⁴ Ordinance No. 454 also deleted Zoning Ordinance Section 502.4, which related to AFC homes. Ordinance No. 454 further provided for AFC group homes in Multiple Dwelling Residential Districts, Residential Planned Community Districts, and Office Service Districts. Ordinance No. 454 did not allow AFC facilities for more than six residents by special use permits in single-family neighborhoods.

On March 13, 2000, the City Council held a public hearing on the Ordinance, and Plaintiffs stated their opposition to it. On March 27, 2000, the City Council approved the Ordinance. Plaintiffs then filed the instant suit.

Plaintiffs' Verified Complaint and Request for Preliminary Injunction lists six causes of action.⁵ Count I alleges a violation of the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3604(f) and 3617; Count II alleges a violation Michigan's Persons with Disabilities Act, Michigan Compiled Laws § 37.1501 et seq. and Michigan Compiled Laws § 37.1606; Count III alleges a violation of 42 U.S.C. § 1983; Count IV alleges a violation of the Equal Protection Clause as found in Amendment XIV of the United States Constitution; Count VI requests specific performance and injunctive relief; and Count VII is a demand for judgment and preliminary injunction.

In its Motion for Summary Judgment, Defendant argues that Plaintiffs' allegations of discrimination are generally ungrounded in facts. Specifically, Defendant argues that Plaintiffs never requested an accommodation under the FHAA and have no cause of action under it. Defendant also argues that no evidence exists to support Plaintiffs' allegations of violation of the Michigan Civil Rights Act and the Equal Protection Clause. Defendant further argues that Plaintiffs' remaining Counts are prayers for relief and must be dismissed.

LEGAL STANDARDS

Rule 12(b)(6)

Federal Rule of Civil Procedure 12(b)(6) allows a court to dismiss a claim for "failure to state a claim up on which relief can be granted ..." Rule 12(b) further states that "[i]f on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the [C]ourt, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56."

In the instant case, both Defendant's Motion for Summary Judgment and Plaintiffs' Response include documents not included in their pleadings. As such, the Court will dispose of the Motion as provided in Federal Rule of Civil Procedure 56.

Rule 56

In reviewing a motion for summary judgment, this Court will only consider the narrow question of whether there are "genuine issues as to any material fact and [whether] the moving party is entitled to judgment as a matter of law." Fed. R.Civ.P. 56(c). A motion for summary judgment requires that the Court view the "`inferences to be drawn from the underlying facts ... in the light most favorable to the party opposing the motion.'" Matsushita Electric Ind. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (quoting United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962)). The opponent, however, has the burden of showing that a "rational trier of fact [could] find for the non-moving party [or] that there is a `genuine issue for trial.'" Matsushita, 475 U.S. at 587, 106 S.Ct. 1348. "The mere existence of a scintilla of evidence in support of plaintiff's position[, however,] will be insufficient; there must be evidence on which the jury could reasonably find for the plaintiff." Anderson v. Liberty Lobby, 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

ANALYSIS

A. Count II Under the Michigan's Persons with Disabilities Act

Defendant asserts that Plaintiffs' claims under the Michigan Persons with Disabilities Act ("MPDA") must be dismissed because they are factually groundless, and because Plaintiffs do not have standing to bring an action pursuant to this Act.

The MPDA addresses housing and states that:

(1) An owner or any other person engaging in a real estate transaction, or a real estate broker not a salesman shall not, on the basis of a disability of a...