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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Mary Valencia v. City of Springfield, 883 F.3d 959 (2018)

Citation
Mary Valencia v. City of Springfield, 883 F.3d 959 (2018)
Parent Document
Mary Valencia v. City of Springfield, 883 F.3d 959 (2018)
Effective Date
2018-03-01

Other Sections in This Document (36)

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clients. The Noble home is located in a residential district
that allows both single-family detached residences and fam-
ily care residences. It is a one-story ranch house that resem-
bles other dwelling units in the neighborhood. The district
court found there is nothing about the exterior of the Noble
home that indicates it is inhabited by disabled individuals.
Although IAG employees are present any time the home is
occupied, they do not drive marked vehicles, and there are
generally no more than two staff cars present at any time.
    In March 2014, after the Hoveys completed significant
renovations,2 IAG clients J.M., J.D., and former plaintiff
A.D.3 moved into the Noble home. Each possessed a substan-
tial physical or mental impairment, and two were non-am-
bulatory. At the time, A.D. was a sixty-two year-old male
who was confined to a wheelchair and almost completely
nonverbal.
    Unbeknownst to the Hoveys, IAG, or its clients, Sparc—
another non-profit organization supporting those with de-
velopmental disabilities—had been operating a family care
residence (“the Sparc home”) across the street from the No-
ble home for approximately twelve years. Like the Noble
home, the Sparc home is indistinguishable from other homes
in the area. However, according to the City, the property