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Cmty. Servs. for the Developmentally Disabled of Buffalo v. Town of Boston

FHA Bias Suit Dismissed as Unripe; Building Permit Not Applied For, Letter Not Decision

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DECISION & ORDER

*1 This action arises under the Fair Housing Act (“FHA”), 42 U.S.C. §§3601, 3605, and 5304(b)(2). The plaintiffs seek permanent injunctive relief and damages, alleging discrimination by the defendant for refusing to allow construction of a group home that would serve persons with disabilities.On June 15, 2016, the defendant moved to dismiss for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), or, in the alternative, for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Docket Item 11. The defendant contends that the plaintiffs failed to obtain a final determination and that the claim therefore is not ripe for adjudication. Docket Item 11-1 at 4. The plaintiffs responded on July 29, 2016, Docket Item 19, and the defendant replied on August 11, 2016, Docket Item 24. At the same time that they responded, the plaintiffs moved to amend their complaint under Federal Rule of Civil Procedure 15(a) to correct a factual misstatement. Docket Item 18.

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