001157001157Motion for Preliminary Injunction by E1j5WAIF


                            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

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