Doe v. City Of Butler

892 F.2d 315 (3d Cir. 1989)

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Nature of the Case

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Facts

Three women, Doe (P) are battered women who filed suit using fictitious names to challenge the decision by the City of Butler (D) from refusing approval for the Volunteer Against Abuse Center of Butler County, Inc. (VAAC) from using a building it had contracted to buy as a temporary shelter for abused woman and children. D refused because its zoning ordinance limited transitional dwellings to six residents, excluding staff or supervisory personnel and the shelter would create an adverse impact on density, parking, property values, and on the neighborhood's character as single-family residential. P claimed a violation of Title VIII (42. U.S.C. Section 3601-3631). The District Court ruled that P had not demonstrated a violation of the Act because the zoning ordinance was facially neutral and applied to all transitional dwellings, regardless of whether their intended occupants were male or female. P appealed.