223071P.pdf   02/15/2024  One Love Housing, LLC  v.  City of Anoka, MN
   U.S. Court of Appeals Case No:  22-3071
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Loken, Author, with Smith, Chief Judge, and Colloton, Circuit 
   Judge] 
   Civil case - Americans with Disabilities Act. Plaintiffs operate sober 
   living homes for recovering alcoholics and substance abusers and sought to 
   operate a home in an area the City of Anoka has zoned for single families 
   or groups of not more than four unrelated persons; plaintiffs asked the 
   City to grant an accommodation to permit them to house up to seven 
   unrelated persons in the home, and the City Council denied the request. 
   Plaintiffs then brought this suit alleging disparate treatment and impact 
   and failure-to-accommodate claims under both the ADA and the Fair Housing 
   Act. The district court granted plaintiffs summary judgment on their 
   failure-to-accommodate claims and ordered the City to grant plaintiffs' 
   request for a reasonable accommodation. The City appeals. Held: there are 
   genuine issues of material fact on plaintiffs' reasonable accommodation 
   claim, and the district court erred in granting plaintiffs summary 
   judgment on the claim. The district court erred in considering a report on 
   the accommodation which had not been presented to the City Council; on the 
   record before the City Council a reasonable factfinder could find that 
   plaintiff's self-serving, conclusory evidence failed to prove that seven 
   residents are necessary for its sober home to provide a therapeutic 
   environment; there were also genuine issues concerning the issue of 
   financial viability as part of the reasonable accommodation issue; on 
   remand, the district court can also take up plaintiffs' disparate impact 
   and treatment claims.