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02-22-1984 Additions
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02-22-1984 Additions
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6/26/2013 11:07:22 AM
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definition of "family" (the Two Harbors ordinance is silent on this <br />aspect). Thus, given that six retarded adults and their houseparents <br />Living in a single - family dwelling are a "family" within the meaning <br />of the Two "Harbors ordinance, it is even easier to conclude that <br />four elderly and handicapped persons and their houseparents constitute <br />"foster care" within the meaning of the Little Canada ordinance. <br />R <br />Furthermore, it is clear that state policy favors the' <br />establishment of homes for retarded or handicapped persons in resi- <br />dential areas. The Supreme Court recognized this in Costley, when <br />it noted that "Minnesota is one of an increasing number of states that <br />have enacted legislation designed to facilitate acceptance of group <br />homes in residential communities. (Citation omitted.)" 313 N.W. 2a <br />at 27. I believe it is fair to say that the home planned by Good <br />Neighbor is among the'type of group homes the Costley Court con- <br />templated. <br />Consequently, I believe that the Good Neighbor home residents' <br />i.ivinc? arrangements will constitute "fostor care" and that they will <br />• comprise a "family" within. the meaning of the Little Canada Zoning <br />ordi'nanc'e. i.,s a result, Good Neighbor's proposed home is a permitted <br />use within Section 905.020A of, the zoning ordinance. <br />Thus, it is hereby ordered that Good neighbor's motion for <br />partial summary judgment and a permanent injunction as to Count I <br />of its Complaint be granted.. <br />B. P. <br />
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