Coping with Cleburne

Abstract

The U.S. Supreme Court's recent City of Cleburne v. Cleburne Living Center decision poses some unusual problems for communities wishing to regulate group housing for special populations. The case does not give local officials clear guidance on what is required for a local zoning restriction to pass constitutional review under the equal protection clause, nor does it offer lawyers and planners any suggestions as to what constitute appropriate criteria to guide discretionary decision making for group housing for the developmentally disabled.