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[caption] MOTION FOR PRELIMINARY INJUNCTION Plaintiffs, by their attorneys, pursuant to Fed.R. Civ. P. 65, move this Court to enter a preliminary injunction enjoining defendants from interfering or threatening-to interfere with the proposed group home sought to be built by plaintiffs at ___ pending a final hearing and disposition of this case. Upon the facts stated in the Complaint, the attached affidavits of __, and the arguments advanced in the accompanying memorandum in support of this motion, plaintiffs demonstrate that preliminary injunctive relief should issue because defendants are unlawfully discriminating against them in violation of the federal Fair Housing Act, 42 U.S.C. §§3601-3619. In sum, plaintiff has shown: 1. Plaintiff ___("___") is an Illinois not-for-profit corporation which seeks to promote the general welfare of persons with developmental disabilities and foster the development of programs to benefit persons with developmental disabilities, including residential programs designed to integrate persons with disabilities into the community. 2. Plaintiffs ___("________") are ___ of the ___ developmentally disabled adults who have been selected to live in ___'s proposed new group home at ___ (the "subject property"). 3. On or about __, ___ entered into a contract to purchase the subject property from Defendant ___. 4. After the contract for sale of the property was signed, defendants advised ___ that a restrictive covenant prohibited ___ from using the property as a group home, that the defendants would enforce the covenant, and that ___ should expect ___-year legal challenge if it closed on the purchase of the property and constructed a group home. 5. Plaintiffs are likely to prevail on the merits of their claim. The Fair Housing Act, 42 U.S.C. §3601 et seq., ("Act") was recently amended to prohibit discrimination on the basis of handicap. Defendants have discriminated against plaintiffs in the sale of the subject property in violation of 42 U.S.C. §3604(f)(1). Defendants have interfered with and threatened plaintiffs' exercise of their rights protected by the Act in violation of 42 U.S.C. §3617. 6. Under the decisions of the Seventh Circuit U.S. Court of Appeals, plaintiff need not show irreparable injury to obtain a preliminary injunction because they are suing under a federal act which specifically provides for injunctive relief. However, irreparable injury clearly will result if preliminary relief is not granted. There is substantial risk that the group home will not open if injunctive relief is not granted since ___'s funding is time-limited. Also, the Residents are currently living in nursing homes or state-operated facilities inappropriate for their needs; substantial irreparable injury to their development will occur if construction and operation of the home is delayed. 7. The injury to plaintiff outweighs any harm to defendants from a preliminary injunction. The overwhelming consensus of evidence is that a small group home for developmentally disabled persons has no effect on property values, home sales or neighborhood safety. A preliminary injunction will serve the public interest. It will further the strong national policies to eradicate housing discrimination and discrimination against the handicapped. WHEREFORE, plaintiff prays that this Court issue a preliminary injunction enjoining defendants from threatening or attempting to enforce the restrictive covenant to prevent the construction and operation of the proposed group home until final disposition of this case on the merits.
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