Smita Sanghvi Tarun Sanghvi v. City of Claremont, and Suzan Smith Paul Heid Algrid Leiga Diann Ring Karen Rosenthal Glenn D. Southard

Good Law
2003 Daily Journal DAR 4889·328 F.3d 532·2003 WL 2012557·2003 U.S. App. LEXIS 8475
United States Court of Appeals for the Ninth CircuitMay 5, 200301-56248California4,749 words

Opinion

Opinion

Thompson, J.

Smita and Taran Sanghvi (“the Sangh-vis”) wanted to expand their residential Alzheimer’s care facility located in an unincorporated area of Los Angeles County (“the County”) adjacent to the City of Claremont (“Claremont” or “the City”). To that end, they sought to obtain sewer service from the City. Explaining that it had an existing policy against connecting properties outside its corporate limits to its sewer system unless the property owners agreed to annexation, the City refused to provide the requested service. Additionally, in what the Sanghvis contend were unlawful acts of retaliation, the City took numerous actions opposing the Sanghvis’ efforts to expand their facility, including instituting legal action against them and lobbying County officials. The Sanghvis contend that the City’s alleged acts of retaliation and the denial of their request for sewer service violated their civil rights and discriminated against handicapped Alzheimer’s patients who would reside in their expanded facility. They asserted claims against the City and various City officials (collectively “the City”) under 42 U.S.C. § 1983 and the Fair Housing Act (“FHA”), 42 U.S.C. § 3604 .

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