Full access allows:
- Solve all tests online without limits;
- Remove all advertisements on website;
- Adding questions to favorite list;
- Save learning progress;
- Save results of practice exams;
- Watching all wrong answered questions.
40. Which of the following best states the appropriate burden of persuasion in this action?
A city zoning ordinance requires that anyone who proposes to operate a group home obtain a special use permit from the city zoning board. The zoning ordinance defines a group home as a residence in which four or more unrelated adults reside. An individual applied for a special use permit to operate a group home for convicts during their transition from serving prison sentences to their release on parole. Although the proposed group home met all of the requirements for the special use permit, the zoning board denied the individual's application because of the nature of the proposed use. The individual sued the zoning board seeking declaratory and injunctive relief on constitutional grounds.
Comments (0)
There are no comments at the moment. If you found an error or think question is incorrect, tell everyone about it
Only signed in users can write comments
Signin
A is incorrect. The Supreme Court has not held that housing is a fundamental right. Therefore, the zoning board's denial of the permit does not trigger strict scrutiny on that basis.
B is incorrect. The Court has not held that convicts constitute a quasi-suspect class. Consequently, the zoning board's denial of the permit does not trigger intermediate scrutiny on that basis.
C is incorrect. As stated above, the Court has not held that convicts constitute a suspect class. The zoning board's denial of the permit thus does not trigger strict scrutiny on that basis.