Blake Gardens, LLC v. State Of New Jersey, 2018 U.S. Dist. LEXIS 25458 (D.N.J. 2018)
Blake Gardens is a company in New Jersey that establishes residences for people with Alzheimer’s Disease and dementia. Prior to a change in law in 2015, it was allowed to establish these residences in any residential zone in the State of New Jersey. However, due to pressure from a local municipality that was opposing such a residence, the State Legislature in 2015 enacted a law prohibiting these residences in residential districts, while allowing less residential facilities to be permitted in residential zones.
Blake Gardens challenged in the Federal District Court for New Jersey the 2015 law prohibiting these residences in residential neighborhoods as being discriminatory and violative of the Federal Fair Housing Act and the Americans With Disabilities Act. The State moved to dismiss the lawsuit, and the District Court denied that motion, finding that Blake Gardens had alleged enough facts about the discriminatory nature of the law to state a claim under Federal statutes.Blake Gardens, LLC v. State Of New Jersey, 2018 U.S. Dist. LEXIS 25458 (D.N.J. 2018)