Scott E. Mollen ()
Land Use—Alcoholism and Substance Abuse Rehabilitation Home—Discrimination Suit Against a Town—Defendants Moved to Dismiss—Complaint Sufficiently Alleged That Zoning Code Was Discriminatory on Its Face—’Younger’ and ‘Colorado River’ Abstention Doctrines Inapplicable—Building Inspector Seemed to Change His Mind Solely Because of Community Opposition—Objections Based on Speculative, Conclusory and Prejudicial View of Proposed Residents’ Disabilities—Claim Based on Classification Determination, Not Ripe—Failure to Seek Use Variance or Other Form of Relief—Futility Exception Not Established—Facial Discrimination Claim Sufficiently Alleged—Applying for Use Variance More Burdensome Than Applying for Special Use Permit
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