City of West Monroe v. Ouachita Ass'n for Retarded Children, Inc.

• Decision Date: 20 July 1981
• Docket Number: No. 14655,14655
• Citation: 402 So.2d 259
• Parties: CITY OF WEST MONROE, Plaintiff-Appellee, v. OUACHITA ASSOCIATION FOR RETARDED CHILDREN, INC. a/k/a Ouachita Association For Retarded Citizens, Defendant-Appellant.
• Court: Court of Appeal of Louisiana — District of US

Page 259

402 So.2d 259

CITY OF WEST MONROE, Plaintiff-Appellee, v. OUACHITA ASSOCIATION FOR RETARDED CHILDREN, INC. a/k/a Ouachita Association For Retarded Citizens Defendant-Appellant.

No. 14655.

Court of Appeal of Louisiana, Second Circuit.

July 20, 1981.

McLeod, Verlander & Dollar by Robert P. McLeod and David E. Verlander, III, Monroe, for defendant-appellant.

James A. Norris, Jr., West Monroe, for plaintiff-appellee.

Before PRICE, HALL and FRED W. JONES, Jr., JJ.

HALL, Judge.

The City of West Monroe filed suit seeking a judgment declaring that the defendant's proposed use of property located in an R-1 (one-family residence) district as a group home for mentally retarded adults is not a permitted use under the city zoning ordinance, and seeking an injunction. Defendant, Ouachita Association for Retarded Children, Inc. a/k/a Ouachita Association for Retarded Citizens, answered contending its proposed use constitutes use of the property as a one-family dwelling as defined in the zoning ordinance and praying for judgment recognizing its proposed use to be a permitted use of right. After trial on stipulated facts the district court found that defendant's proposed use of the residential property was a special exception use which had to be approved by the City Planning Commission and by the Board of Adjustment because the group home did not constitute use as a one-family dwelling. From a judgment so declaring and granting an injunction restraining defendant from occupying or using the property as a group home for mentally retarded persons without prior administrative approval, the defendant-association appealed. We reverse and render judgment declaring the proposed use to be a use of right under the pertinent provisions of the zoning ordinance.

The joint stipulation of facts and exhibits attached thereto establish the following pertinent facts.

The property in question is zoned R-1: one-family residential district. The property immediately across the street from the subject property is zoned B-3: general business district. The subject property was formally occupied as a church, at least as recently as 1972. The property has been leased by the owner of the defendant. The property is physically an ordinary house with approximately 3,744 square feet of heated space, containing one kitchen, one dining room, one living room, six bedrooms, several bathrooms, and one laundry room with only the usual types of entrances and exits found in a home and is located on a lot 100 feet X 155 feet at the corner of Slack and North Third Streets in West Monroe.

The proposed use by the defendant of the property is as follows:

There will be six adult mildly to moderately mentally retarded residents, none with any severe behavioral or medical problems, on a permanent basis, and a married couple to serve as houseparents. There may be one or two other retarded residents on an occasional temporary basis. The retarded residents were required to hold employment outside of the home.

The houseparents will live in a master bedroom and have a private bath. The other residents will live in the remaining five bedrooms and share the remaining bathroom facilities.

The entrances, living room, dining room, kitchen, laundry and other such aspects of the house will be for common usage. There will be rules for household behavior and chores, which will be developed by the houseparents after discussion with the residents. The houseparents will see that the rules are followed and the chores done, much as in any home.

The home is required to be licensed by the State of Louisiana under LSA R.S. 28:380, et seq., and is, or will be so licensed prior to use. The home will comply with all applicable guidelines and requirements of the State of Louisiana, Department of Health & Human Resources, Division of Mental Retardation, and of any branch or successor agencies thereto.

The occupants of the proposed home are neither mentally ill nor insane, nor are they physically ill in any way different from the general population; they are simply mentally retarded.

There has been substantial opposition voiced among some of the residents in the vicinity of the property to the location of the group home on the property.

An application was made by the defendant for planning commission approval and for board of adjustment approval as a special exception use after being advised by the zoning administrator that the proposed use could not be had without such approval. The applications were filed without benefit of consultation with legal counsel. The application was approved by the planning commission but was denied by the board of adjustment. No appeal was taken from the action of the board.

Subsequently, an attorney for the defendant advised the zoning administrator by letter of its position that the proposed use is as a single-family dwelling and is a permitted use of right under the ordinance, and that no approval by the planning commission or board of adjustment is necessary. The letter further advised the administrator that the association intended to proceed to make use of the property as a group home for mentally retarded adults in the manner described above. This suit by the city for a declaratory judgment and injunction ensued.

The mental retardation law, LSA R.S. 28:380, et seq., authorizes the establishment of a comprehensive statewide plan for providing services to meet the needs of mentally retarded persons under the direction of the Office of Mental Retardation of the Department of Health & Human Resources. The statute provides for the establishment of residential facilities to be operated by the office or by the licensed private persons, groups, or corporations, with funding provided in whole or in part by state, federal, or local funds or by private persons, groups, or organization. LSA R.S. 28:383 contains the following statement of public policy:

"It is recognized that mental retardation is a handicapping condition and in itself does not pose a threat to the safety and security of the community and that the maximum feasible inclusion of the mentally retarded in the community life can be of benefit to both the mentally retarded and the community. It is further recognized that the use of least restrictive alternatives provide the mentally retarded with the greatest opportunity to participate in community life. Therefore, the department shall endeavor to develop and encourage the development of least restrictive alternatives to meet the needs of the department's client population. The department shall further insure placement in the least restrictive alternative appropriate to the developmental needs of each individual."

LSA 28:390 provides in part:

"A. Every mentally retarded person in this state shall have the rights, benefits, and privileges guaranteed by the constitution and laws of the United States and the constitution and laws of the state of Louisiana. Every client shall enjoy the same rights as other citizens of the United States and Louisiana except when lawfully restricted. The rights of mentally retarded persons which are specifically enumerated in this Chapter are in addition to all other rights enjoyed by all citizens including the mentally retarded, and such listing of rights is neither exclusive or intended to infringe upon any rights which are guaranteed to the mentally retarded under the laws and constitutions of the United States and the state of Louisiana.

"B. Every mentally retarded person shall have the following rights:

"(1) To live in the least restrictive setting appropriate to his individual needs and abilities, including the right to live in a variety of living situations, such as the right to live alone, in a group home, with a family, and in a supervised, protective environment...."

The parties agree that a determination of this case depends on the interpretation of the applicable portions of the zoning ordinance of the City of West Monroe. As noted by the learned trial judge "there is no constitutional or other attack here upon the validity of the zoning ordinance. Neither is there any issue here which has any relation to the fears and other emotional reactions of the neighbors or to the benevolent, enlightened, caring motivations of defendant's members and the programs under which they intend to function. Neither is this a legal contest between selfish property owners and neglected and needy handicapped citizens. Neither is the number of proponents and opponents of any consequence." The sole legal issue presented by the parties to this litigation is whether under the zoning ordinance the defendant's proposed use is a permitted use in an R-1, one-family residential district and, if so, whether it is a use of right or a special exception use.

The defendant-association contends that its proposed use is as a one-family dwelling, a permitted use of right in an R-1 district, under the zoning ordinance which defines family as one or more persons living together as a single housekeeping unit which may include not more than four lodgers or boarders. The plaintiff-city contends that the proposed use is not as a one-family dwelling but is akin to a convalescent home or institution for children, or the aged, or a sanitarium, which are permitted special exception uses in an R-1 district, requiring planning commission and board of adjustment approval. The city alternatively contends that the proposed use is as a rooming or boarding house or hotel, which is permitted only in a B-3 general business district.

In carefully considered and well-articulated written reasons for judgment the trial court considered the ordinance as a whole and found that the intent was to provide for administrative examination before permitting use for nonrelated group residency and special care in R-1 districts. The court found that the projected use by defendant has some characteristics comparable to a convalescent home, a boarding or...