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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION

MONTANA FAIR HOUSING, INC.,

) ) Plaintiff, ) ) vs. ) ) CITY OF BOZEMAN, ANDY EPPLE, ) VICKI HASLER, and the HINESLEY ) FAMILY LIMITED PARTNERSHIP #1, ) HINESLEY DEVELOPMENT and ) CHARLES W. HINESLEY, ) ) Defendants. ) ___________________________________ ) I. Introduction

CV 09-90-BU-DLC

ORDER

Plaintiff Montana Fair Housing, Inc., ("Fair Housing") brings this action against Defendants City of Bozeman, Andy Epple, and Vicki Hasler (collectively, "Bozeman"), asserting federal and state claims for exclusionary zoning practices and discrimination in property inspection and licensing. Fair Housing alleges

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Bozeman's municipal zoning ordinance discriminates based on disability, age, and marital status. Fair Housing also claims Bozeman has violated Montana law by failing to take affirmative steps to ensure that its zoning and building code enforcement practices are non-discriminatory and compliant with the law.1 Fair Housing has filed a motion for partial summary judgment on Counts III, IV, V, VII, and VIII of its Complaint. For the reasons that follow, the motion is granted in part and denied in part with respect to Counts III, IV, V, and VII, and denied with respect to Count VIII. II. Factual Background A. Bozeman's Zoning Ordinance The City of Bozeman is a municipality and political subdivision of the state of Montana as defined in Mont. Code Ann.

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Montana Law