4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg1of46 Pg ID 95 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MOCERI/DM INVESTMENTS, LLC, a Michigan limited liability company, and, JOAN M, BUSER, Case No: 4:14-14697 Hon. Terrence G. Borg Plaintitts, Magistrate Judge Majzoub ave ‘THE CHARTER TOWNSHIP OF OAKLAND, MICHIGAN, a Michigan municipal corporation, Defendant KICKHAM HANLEY PLLC GIARMARCO, MULLINS & HORTON, P.C, GREGORY D. HANLEY (P1204) DANIEL J. KELLY (P41315) JAMIE K, WORROW (P61521) Attorney for Defendant Attomeys for Plaintiff 101 W. Big Beaver Rd., 10" Floor 32121 Woodward Ave., Ste. 300 Troy, MI 48084 Royal Oak, MI 48073 (248) 457-7025 (248) 544-1500 DEFENDANT'S ANSWER TO COMPLAINT, AFFIRMATIVE DEFENSES, AND JURY DEMAND ‘NOW COMES Defendant, CHARTER TOWNSHIP OF OAKLAND, by and through its attomeys, GIARMARCO, MULLINS & HORTON, P.C,, and for its Answer to Complaint states as follows: 1, In response to Paragraph 1, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs,4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg2of46 Pg ID 96 2, In response to Paragraph 2, Defendant Charter Township of Oakland neither ‘admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proof 3, In response to Paragraph 3, Defendant Charter Township of Oakland admits the factual allegations contained therein. 4, In response to Paragraph 4, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 5. In response to Paragraph 5, Defendant Charter Township of Oakland admits the factual allegetions contained therein. 6. In esponse to Paragraph 6, Defendant Charter Township of Oakland admits the factual allogetions contained therein, 7, In response to Paragraph 7, Defendant Charter Township of Oakland admits the factual allegations contained therein. 8, Inresponse to Paragraph 8, Defendant Charter Township of Oakland admits the factual allegations contained therein. Jurisdiction and Venue 9. In response to Paragraph 9, Defendant Charter Township of Oakland neither tudmits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs, 10, In response to Parageaph 10, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg3o0f46 PgID97 allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to theit proofs, 11. In response to Paragraph 11, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs. 12, In response to Paragraph 12, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs, INTRODUCTION 13. In response to Peragraph 13, Defendant Charter Township of Oakland neither admits nor denis the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 14, 1n response to Paragraph 14, Defendant Charter Township of Oakland denies the allegations contained therein, 15, In response to Paragraph 15, Defendant Charter Township of Oakland denies the allegations contained therein, 16, In response to Paragraph 16, Defendant Charter Township of Oakland admits that its ordinance contains a multi-family zoning classification and further states that said classification is available for areas designated within the Township plan as high intensity and therefore denies that no land within the Township would be permitted and/or zoned multi-family, and further, denies that the ‘Township's4:14-v-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg4o0f46 Pg ID 98 zoning classifications effetely bar housing for elderly and disabled persons, and therefore, leave Plaintiffs to their proofs. 17. In response to Paragraph 17, Defendant Charter Township of Oakland denies the allegations contained therein, 18, In response to Paragraph 18, Defendant Charter Township of Oakland neither admit nor deny DM's ownership of the 42 acres, but as to the remaining allegations of the paragraph, the Defendants deny for the reason said allegations are untrue, 19, In response to Paragraph 19, Defendant Charter Township of Oakland denies the allegations contained therein, 20. In response to Paragraph 20, Defendant Charter Township of Oakland denies that Plaintiff has shown or is entitled to permanent injunction, declaratory judgment, an award of compensatory and punitive damages, attorneys’ fees or costs, FAC AL ALLEGATIONS 21, In response to Peragraph 21, Defendant Charter Township of Oakland admits itis the governing body of the Township and has local governing authority, however, as to the remaining allegations the Defendant neither admits nor denies for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, 22. In response to Paragraph 22, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs.4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg5of46 Pg ID 99 23. In response to Paragraph 23, Defendant Charter Township of Oakland neither admits nor denies the alleg 8 contained therein for lack of knowledge upon which (o form a belief and, therefore, Leave Plaintiffs to their proofs. 24, In response to Paragraph24, Defendant Charter ‘Township of Oakland denies there is no land within the Township which would permit multi-family housing based upon the Township's zoning ordinances which permit multi-family residential districts in areas designated for high intensity and further states the ordinances provide for # variely of flexible options for developments and, therefore, Defendants can neither admit nor deny and will leave Plaintiffs to their proofs, 25, In response to Paragraph 25, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lock of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 26. In response fo Paragraph 26, Defendant Charter Township of Oakland denies that no land is zoned fo permit housing for elderly and/or disabled with congregate care and assisted living services for the reason that such proposed developments are reviewed consistent with the Township's ordinance which contains the sbility to approve such projects upon the compliance with the standards set forth with in the ordinances and, further, Defendants neither admit nor deny the reference to specialized multi-family housing for lack of knowledge upon which to form a belief and, therefore, leave Plaintifls to thei proofs. 27. In response to Paragraph 27, Defendant Charter Township of Ookland admit it has a multi-family zoning category which allows for multi-family residential and ‘areas designated for high intensity and neither admit nor deny the remaining4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg6of46 Pg ID 100 allegations for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 28, In response to Paragraph 28, Defendant Charter Township of Oaklend neither admit nor deny the allegations for the reason thet said allegations either constitute conclusions of law rather than allegations of fact or the Defendants lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proof 29, In response to Paragraph 29, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which (o form a belief and, therefore, leave Plaintiffs to their proofs, 30, In response to Paragraph 30, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, 31. In response to Paragraph 31, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, 32, In response to Paragraph 32, Defendant Charter Township of Oakland deny thet it insists it has no room to share with the disabled and neither admits nor denies the remaining allegations for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs.4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg7of46 PgID 101 FEDERAL AND STATUTORY PROTECTION FOR THE DISABLED 33. In response to Paragraph 33, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs, 34, In response to Paragraph 34, Defendant Charter Township of Oakland admits the factual allegations conteined therein, 35. In response to Paragraph 35, Defendant Charter Township of Oakland admits the factual allegations contained therein, 36, In sesponse to Paragraph 36, Defendant Charter Township of Oakland neither ‘admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintifis to their proofs. 37. In response to Paragraph 37, Defendant Charter ‘Township of Oakland neither ‘adits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs, 38. In response to Paragraph 38, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason thet said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs, 39, In response to Paragraph 39, Defendant Chorter Township of Oakland admits the factual allegations contained therein,4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg8of46 Pg ID 102 40, In response to Paragraph 40, Defendant Charter Township of Oakland admits the factual allegations contained therein. 41. In response to Paragraph 41, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs 42. In response to Paragraph 42, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs, 43. In response to Paragraph 43, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, 44. In response to Paragraph 44, Defendant Charter Township of Oakland denies the allegations related to Township actions and/or statements, as to the remaining allegations, Defendant neither admits nor denies for the reason it either lacks knowledge or the allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs. 45. In response to Paragraph 45, Defendant Charter Township of Oakland denies that they have refuused reasonable accommodations or that they have excluded the disabled from the Township; as to the remaining allegations, the Defendants neither admit nor deny for the reason that said allegations either constitute conclusions of law or Defendants lack knowledge and, therefore, leave Plaintiffs to their proofs.4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg9of46 PgID 103 46, In response to Paragraph 46, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, 47. In response to Paragraph 47, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 48, In response to Paragraph 48, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, 49, In response to Paragraph 49, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegetions constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs 50, In response to Paragraph 50, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. $1, In response fo Peragraph 51, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proof, 452, In response to Paragraph 52, Defendant Charter Township of Oakland denies the allegations contained therein,4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg100f46 Pg ID 104 PLAINTIFFS ARK PERSONS INJURED BY DEFENDANT'S ul ‘UL ZOt IME, 53, In response to Paragraph 53, Defendant Charter Township of Oakland denies it has a restricted or exclusionary zoning regime or that is effectively bars persons with disabilities from living in the Township; as to the remaining allegations in paragraph 53, Defendants neither admit nor deny for lack of knowledge upon which (o form a belief and, therefore, leave Plaintiffs to theit proofs. 54, In response to Paragraph 54, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon hich to form a belief and, therefore, leave Plaintiffs to their proofs. 58, In response to Paragraph 55, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 56, In response to Paragraph 55, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. FAILURE OF PAST FAIR HOUSING EFFORTS-HARVEST CORNERS 57. In response to Paragraph 57, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Pleintifis to their proofs. 58. In vesponse to Paragraph 58, Defendant Charter Township of Oakland admit the ‘Township Planning Commission recommended approval and the Township Board of Trustees; however, as to the remaining allegations the Defendants neither admit4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg 11of46 Pg ID 105 nor deny for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, 59, In response to Paragraph 59, Defendant Charter Township of Oakland admits the factual allegations contained therein, 60, In response to Paragraph 60, Defendant Charter Township of Oakland admit that a referendum on the zoning change was approved by the voters of the Township, but as to the remaining allegations the Defendants neither admit nor deny for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 61, In response to Paragraph 61, Defendant Charter Township of Oakland admits the referendum reversed the decision of the Planning Commission and Boatd of “Trustees but denies the remaining allegations as being untrue, ANOTHER EXAMPLE 62, In response to Paragraph 62, Defendant Charter Township of Oakland denies the allegations contained therein. 63, In response to Paragraph 63, Defendant Charter Township of Oakland admits the factual allegations contained therein, 64, In response to Paragraph 64, Defendant Charter Township of Oakland admits the factual allegations contained therein, 665, In response to Paragraph 65, Defendant Charter Township of Oakland neither admit nor deny the allegations contained therein for the reason that itis unclear what is meant by the term “hired” or that the Township Parks and Recreation Department agreed, and, therefore, leave Plaintiffs to their proofs.4:14-cv-14697-TGB-MKM Doc #8 Filed 02/13/15 Pg120f46 Pg ID 106 66. In response to Paragraph 66, Defendant Cherter Township of Oakland admit that a discussion regarding liability issues conceming the use of a caretaker was discussed, however, Defendants deny that the individual comments of Board members constituted an action of the Defendant nor was the intent to be discriminatory or exclusionary, and, therefore leave Plaintiffs to their proofs, 67. in response to Paragraph 67, Defendant Charter Township of Oakland admits the factual allegations contained therein, 68. In response to Paragraph 68, Defendant Charter Township of Oakland denies the allegations contained therein. ‘69, In response to Paragraph 69, Defendant Charter Township of Oakland denies the allegations contained therein, THI 'URRENT FAIR HOUSING EFFORT-BLOSSOM RU 70. In response to Paragraph 70, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, 71. In response fo Paragraph 71, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, 72. In response to Paragraph 72, Defendant Charter Township of Oakland denies the allegations contained therein, 73, In response to Paragraph 73, Defendant Charter Township of Oakland denies the allegations contained therein.4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg130f46 Pg ID 107 74, In response to Paragraph 74, Defendant Charter Township of Oakland admit that the Township's Master Plan would allow for the elderly housing, but neither admits nor denies whether the Plaint 8° development is consistent with the Master Plan which is a conclusion of law than an allegation of fact and, therefore, leaves Plaintiffs to their proof. 75, In response to Paragraph 75, Defendant Charter Township of Oakland neither admit nor deny the characterization of the Plaintiffs’ proposed development for the reason thatthe record and Plaintiffs” application is the most accurate and complete description of Plaintiffs development and, therefore, leave Plaintifts to their proofs, 76, In response to Paragraph 76, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, 77. In response to Paragraph 77, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon Which to form a belief and, therefore, leave Plaintiffs to their proofs. 78, In response to Paragraph 78, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, 79, In response (o Paragraph 79, Defendant Charter Township of Oakland neither ‘admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintifis to their proofs.4:14-cv-14697-TGB-MKM Doc #8 Filed 02/13/15 Pg140f46 Pg ID 108 80. In response to Paragraph 80, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 81. In response to Paragraph 81, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs. 82. In esponse to Paragraph 82, Defendant Charter Township of Oakland neither admit nor deny that its planning consultant and fire chief recommended approval, however, Defendant will rely upon the full report and recommendations; further, Defendants neither admit nor deny the remaining allegations for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 83, In response to Paragraph 83, Defendant Charter Township of Oakland admit that the Planning Commission recommended approval of a rezoning under the ordinances PRRO zoning and that the conditions contained in that approval were accepted by DM, however, as to the remaining allegations Defendants neither admit nor deny for lack of knowledge upon which to form ¢ belief and, therefore, leave Plaintiffs to their proofs. 84, In response to Paragraph 84, Defendant Charter Township of Oakland admits the factual allegations contained therein.4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg 150146 Pg ID 109 85, In response to Paragraph 85, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proof’. 86. In response to Paragraph 86, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon. which (o form a belief and, therefore, leave Plaintiffs to their proofs. 87, In response to Paragraph 87, Defendant Chester Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, lenve Plaintiffs to their proofs, 88, In response to Paragraph 88, Defendant Charter Township of Oakland admits the factual allegations contained therein. 89. In response to Paragraph 89, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 90, In response to Paragraph 90, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 91. In response to Paragraph 91, Defendant Charter Township of Oakland deny that the Township Board or its appointees to the Planning Commission or Zoning, Board of Appeals are opponents of congregate housing for the elderly and disabled and as to the remaining ellegations neither admit nor deny the remaining allegations for lack of knowledge upon which to form a belicf and, therefore, leave Plaintiffs to their proofs.4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg16o0f46 Pg ID 110 92, In response to Paragraph 92, Defendant Charter Township of Oakland admits the factual allegations contained therein, 93. In response to Paragraph 93, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs. 94, In response to Paragraph 94, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 95, In response to Paragraph 95, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, 96, In response to Paragraph 96, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs, 97. In response to Paragraph 97, Defendant Charter Township of Oakland deny that it used excuses to delay the referendum neither admit nor deny the calculations of the referendum vote which ete left to Plaintiffs proofs, 98, In response to Paragraph 98, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs.4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg170f46 Pg ID 111 99, In response to Paragraph 99, Defendant Charter Township of Oakland denies the allegations contained therein, 100.1n response to Paragraph 100, Defendant Charter Township of Oakland admits the factual allegations contained therein, 101. In response to Paragraph 101, Defendant Charter Township of Oakland admit that Plaintiff submitted an application for Special Accommodation Use on or about August 15, 2012, as to the remaining allegations Defendant neither admit nor deny and leave Plaintiffs to their proof, 102.1n response to Paragraph 102, Defendant Charter Township of Oakland denies the allegations contained therein, 103.1n response to Paragraph 103, Defendant Charter Township of Oakland neither acimits nor donies the allegations contained therein for leck of knowledge upon Which to form a belief and, therefore, leave Plaintiffs to their proofs, 104.1n response to Paragraph 104, Defendant Charter Township of Oakland admits the factual allegations contained therein, 105.In response to Paragraph 105, Defendant Charter Township of Oakland neither ‘admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiff’ to their proofs. 106.In response to Paragraph 106, Defendant Charter Township of Oakland admits a vote on the SAU ordinance application was tabled, as to the remaining, allegations, Defendants neither admit nor deny the remaining allegations for lack of knowledge upon which to form a belief and, therefore, leave Plaintifis to their proofs.4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg18of46 Pg ID 112 107.tn response to Paragraph 107, Defendant Charter Township of Oakland admits that Terry Gonser replaced Joan Fogler but neither admits nor denies the remaining allegations for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 108. In response to Paragraph 108, Defendant Charter Township of Oakland admit that the Township Supervisor recommended denial of the SAU application following a public heating; as fo the remaining allegations, the Defendants deny that it purposely delayed the referendum for the reason itis untrue and, therefore, leave Plaintiffs to their proofs. 109, In response to Paragraph 109, Defendant Charter Township of Oakland admits the factual allegations contained therein. 110.1n response to Paragraph 110, Defendant Charter Township of Oakland admit the Board of Trustees voted to deny the SAU application for the reason stated in the Supervisor Gonser's recommendation to the Board, but as to the remaining allegations neither admits nor denies the remaining allegations for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to thelr proofs. 111. In response to Paragraph 111, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs. 112. In response to Paragraph 112, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg190f46 Pg ID 113 allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs. 113.In response to Paragraph 113, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs. 114.In response to Paragraph 114, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs. 115. n response to Paragraph 115, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs. 116.In response to Paragraph 116, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs, 117.In response to Paragraph 117, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 118.In response to Paragraph 118, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg200f46 Pg ID 114 allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs, 119.In response to Paragraph 119, Defendant Charter ‘Township of Oakland denies the allegations contained therein, 120, In response to Paragraph 120, Defendant Charter Township of Oakland denies the allegations contained therein, 121. In response to Paragraph 121, Defendant Charter Township of Oakland denies the allegations contained therein, 122.In response to Paragraph 122, Defendant Charter Township of Oakland denies the allegations contained therein, DISCRIMINATORY INTENT 123.In response to Paragraph 123, Defendant Charter Township of Oakland neither adh nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather then allegations of fact and, therefore, leave Plaintifls to their proofs, 124.In response to Paragraph 124, Defendant Charter Township of Oakland denies the allegations contained therein. 125. tn response to Paragraph 125, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs (o their proofs. 126. In response to Paragraph 126, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs,4:14-cv-14697-TGB-MKM Doc #8 Filed 02/13/15 Pg21of46 Pg ID 115 127.In response to Paragraph 127, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs’ to their proofs. 128.In response to Paragraph 128, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, 129. in response to Paragraph 129, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 130, In response fo Paragraph 130: (@ In response to Paragraph 130(@), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge ‘upon which to form a belief and, therefore, leave Plaintiffs to their proofs. (b) In response to Paragraph 130(b), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which fo form a belief and, therefore, leave Plaintiffs to their proofs, (© In response to Paragraph 130 (¢), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, (A In response to Paragraph 130(d), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge ‘upon which to form a belief and, therefore, leave Plaintiffs to their proofs.4:14-cv-14697-TGB-MKM Doc #8 Filed 02/13/15 Pg220f46 Pg ID 116 (¢) In response to Paragraph 130(e), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge ‘upon which to form a belief and, therefore, leave Plaintiffs to their proofs, (8 In response to Paragraph 130(f), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. (@ Inresponse to Paragraph 130(g), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. (h) In response to Paragraph 130(h), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 131,In response to Paragraph 131: (@) In response to Paragraph 131(a), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to formn a belief and, therefore, leave Plaintiffs to their proofs. (b) In response to Paragraph 131(b), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. (©) In response to Paragraph 131(¢), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs.4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg 230f46 Pg ID 117 (d) In response to Paragraph 131(d), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, (©) In response to Paragraph 131(e), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which fo form a belief and, therefore, leave Plaintiffs to their proofs, (O In response to Paragraph 131(), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. () In response to Paragraph 131(g), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. (b) In response to Paragraph 131(h), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. (i) In response to Paragraph 131(i), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. @ In response to Paragraph 131(j), Defendant Charter Township of Oakland neither admits nor denics the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs.4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg 240146 Pg ID 118 (&) In response to Paragraph 131(K), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge ‘upon which fo form a belief and, therefore, leave Plaintiffs to their proofs, (In cesponse to Paragraph 131(1), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, (mm) In response to Paragraph 131(m), Defendant Charter Township of Oaktand neither admits nor denies the allegations contained therein for lack of knowledge, upon which to form a belief and, therefore, leave Plaintfts to their proofs. (n) In response to Paragraph 131 (a), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge ‘upon which to form a belief and, therefore, leave Plaintiffs to their proofs. (0) In response to Paragraph 131 (0), Defendant Charter Township of Oakland acither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. (p) In response to Paragraph 131(p), Defendant Charter Township of Oakland neither admits nor denics the allegations contained therein for lack of knowledge ‘upon which to form a belief and, therefore, leave Plaintiffs to their proofs. (q) In response to Paragraph 131(q), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs.4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg 250f46 Pg ID 119 In response to Paragraph 131(¢), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. (8) In response to Paragraph 131(s), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. (1) In response to Paragraph 131(1), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief end, therefore, leave Plaintiffs to their proofs, (u) In response to Paragraph 131(u), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, (v) In response to Paragraph 131(v), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. (w) In response to Paragraph 13 1(w), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. (x) In response to Paragraph 131 (x), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs.4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg 260f46 Pg ID 120 {y) In response to Paragraph 131(y), Defendant Charter Township of Oakland. neither admits nor denies the allegations contained therein for lack of knowledge ‘upon which to form a belief and, therefore, leave Plaintiffs to their proofs, (z) In response to Paragraph 131(z), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which fo form a belief and, therefore, leave Plaintifis to their proofs, (aa) In response to Paragraph 131(aa) Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. (bb) In response to Paragraph 131(bb), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, (60) In response to Paragraph 131(cc), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. (da) In response to Paragraph 131(cid), Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, 132, In response to Paragtaph 132, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs.4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg270f46 Pg ID 121 133.tn response to Paragraph 133, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, 134.In response to Paragraph 134, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 135.In response to Paragraph 135, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. UNLAWFUL DISCRIMINATION AND DISPARATE IMPACT UNPON ‘HE DISABLED. 136, In response to Paragraph 136, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs. 137.In response to Paragraph 137, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 138. In response to Paragraph 138, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 139.In response to Paragraph 139, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs.4:14-cV-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg 28 0f46 Pg ID 122 140. In response to Paragraph 140, Defendant Charter Township of Oakland admits the buildings and/or homes have been approved within the Township consistent with the ‘Township’s ordinances and prescribed standards; as to the remaining allegations Defendants neither admit nor deny the remaining allegations for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 141. tn response to Paragraph 141, Defendant Charter Township of Oakland neither admits nor denies the allegetions contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs. 142, In response to Paragraph 142, Defendant Cherter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, 143.In response to Paragraph 143, Defendant Charter Township of Oxkland denies the allegations contained therein, 144, In response to Paragraph 144, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, 145. In response to Paragraph 145, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 146. 1n response to Paragraph 146, Defendant Charter Township of Oakland denies the allegations contained therein.4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg 290f46 Pg ID 123 147.In response to Paragraph 147, Defendant Charter Township of Oakland deny its zoning ordinances are exclusionary nor designed to prohibit elderly or disabled, as {0 the remaining allegations Defendant neither admits nor denies the remaining, allegations for lack of knowledge upon which to form a belief and, therefore, leave Pl tiffs to their proofs. 148. In response (o Paragraph 148, Defendant Charter Township of Oakland denies the allegations contained therein, 149. In response to Paragraph 149, Defendant Charter Township of Oakland denies the allegations contained therein. 150.In response to Paragraph 150, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for luck of knowledge upon which to form a belief and, therefore, leave Plaintiffs’ to their proofs. 151.n response to Paragraph 151, Defendant Charter ‘Township of Oakland denies the allegations contained therein, 152, In response to Paragraph 152, Defendant Charter ‘Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plainti to their proofs. PLAINTIFFS’ LOSSES 153, n response to Paragraph 153, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs,4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg300f46 Pg ID 124 154, In response fo Paragraph 154, Defendant Charter Township of Oakland denies the allegations contained therein, 155. In response (o Paragraph 155, Defendant Charter Township of Oakland neither ‘admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs. COUNTI YIOLATION OF ADA AND RHA 156, n response to Paragraph 156, Defendant Charter Township of Oakland incorporates by reference their response contained in paragraphs 1 through 155 inclusive, as if fully set forth herein, 157.In response to Paragraph 157, Defendant Charter ‘Township of Oakland denies the allegations contained therein, 158. In response to Paragraph 158, Defendant Charter Township of Oakland denies the allegations contained therein, 159, In response to Paragraph 159, Defendant Charter ‘Township of Oakland neither admits nor denies the allegetions contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs. 160, In response to Paragraph 160, Defendant Charter Township of Oakland denies the allegations contained therein. 161.In response to Paragtaph 161, Defendant Charter Township of Oakland denies the allegations contained therein.4:14-cv-14697-TGB-MKM Doc #8 Filed 02/19/15 Pg 31o0f46 Pg ID 125 162, n response to Paragraph 162, Defendant Charter Township of Oakland denies the allegations contained therein, FAILURE TO MAKE RE, BLE JMMODATION 163,1n response to Paragraph 163, Defendant Charter Township of Oakland incorporates by reference their response contained in paragraphs 1 through 162 inclusive, as if fully set forth herein, 164, In response to Paragraph 164, Defendant Charter Township of Oakland denies the allegations contained therei 165.In response to Paragraph 165, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fect and, therefore, leave Plaintiffs to their proofs. 166,In response to Paragraph 166, Defendant Charter Township of Oakland adimits that the Plaintiffs? SAU application was denied. 167.In response to Paragraph 167, Defendant Chatter Township of Oakland denies the allegations contained therein. 168, In response to Paragraph 168, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs, 169.In response to Paragraph 169, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said4:14-cv-14697-TGB-MKM Doc #8 Filed 02/13/15 Pg 320f46 Pg ID 126 allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs, 170.In response to Paragraph 170, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 171. In response to Paragraph 171, Defendant Charter Township of Oakland denies the allegations contained therein. COUNT It VIOLATION OF EQUAL PROTECTION AND SUBSTANTIVE DUE PROCESS GUARANTEES 172..n response to Paragraph 172, Defendant Charter Township of Oakland incorporates by reference their response contained in paragraphs 1 through 171 inclusive, as if fully set forth herein, 173.1n response to Paragraph 173, Defendant Charter Township of Oakland admits senior housing is permissible under the Township’s Master Plan, 174. In response to Paragraph 174, Defendant Charter Township of Oakland denies ‘the allegations contained therein, 175.In response to Paragraph 175, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs, 176. In response to Paragraph 176, Defendant Charter Township of Oakland denies the allegations contained therein. 177.In response to Paragraph 177, Defendant Charter Township of Oakland denies the allegations contained th4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg 330f46 Pg ID 127 178.tn response to Paragraph 178, Defendant Charter Township of Oakland neither admits nor denics the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintifs to their proofs. 179.1n response to Paragraph 179, Defendant Charter Township of Oakland denies the allegations contained therein, 180, In response to Paragraph 180, Defendant Charter Township of Oakland denies the allegations contained therein, 181. In response to Paragraph 181, Defendant Charter Township of Oakland denies the allegations contained therein, 182, In response to Paragraph 182, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs. 183. In response to Paragraph 183, Defendant Charter Township of Oakland denies the allegations contained therein, COUNT IY, EXCLUSIONARY ZONING 184, In response to Paragraph 184, Defendant Charter Township of Oakland incorporates by reference their response contained in paragraphs 1 through 183 inclusive, as if fully set forth herein, 185. n response to Paragraph 185, Defendant Charter Township of Oakland admits the factual allegations contained therein.4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg 340f 46 Pg ID 128 186.In response to Paragraph 186, Defendant Charter Township of Oakland neither ‘admits nor denies the allegations contained thetein for lack of knowledge upon which to form a belief and, therefore, leave Plaintifis to their proofs. 187.In response to Paragraph 187, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon. which to form a belief and, therefore, leave Plaintiffs to their proofs. 188, In response to Paragraph 188, Defendant Charter ‘Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs. 189. In response to Paragraph 189, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon which to form a belief and, therefore, leave Plaintiffs to their proofs. 190.In response to Paragraph 190, Defendant Charter ‘Township of Oakland denies {he allegations contained therein, 191.In response fo Paragraph 191, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon ‘which to form a belief and, therefore, leave Plaintiffs to their proofs. 192, In response to Paragraph 192, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for lack of knowledge upon whieh to form a belief and, therefore, leave Plaintiffs to their proof’. 193. In response to Paragraph 193, Defendant Charter Township of Oakland denies the allegations contained therein.4:14-cv-14697-TGB-MKM Doc #8 Filed 02/13/15 Pg 35 0f46 Pg ID 129 194, In response to Paragraph 194, Defendant Charter Township of Oakland denies the allegations contained therein. COUNTY YIOLATIONS OF MICHIGAN’S PERSONS WITH DISABILITIES CIVIL RIGHTS ACT 195, In response to Paragraph 195, Defendant Chauter Township of Oakland incorporates by reference thir response contained in paragraphs 1 through 194 inclusive, as if fully set forth herein, 196.tn response to Paragraph 196, Defendant Charter Township of Oakland admits the factual allegations contained therein, 197.In tesponse to Paragraph 197, Defendant Charter ‘Township of Oakland admits the factual allegations contained therein, 198. In response to Paragraph 198, Defendant Charter Township of Oakland neither adinits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs, 199, In response to Paragraph 199, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the rerson that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs. 200. in response to Paragraph 200, Defendant Charter ‘Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs.4:14-cv-14697-TGB-MKM Doc #8 Filed 02/13/15 Pg 360f46 Pg ID 130 201.In response to Paragraph 201, Defendant Charter Township of Oakland admits the factual allegations contained therein, 202. In xesponse to Paragraph 202, Defendant Charter ‘Township of Oakland admits the factual allegations contained therein, 203. In response to Paragraph 203, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs, 204. In response to Paragraph 204, Defendant Charter Township of Oakland denies the allegations contained therein. 205. In response to Paragraph 205, Defendant Charter Township of Oakland incorporates by reference their response contained in paragraphs | through 204 inclusive, as if fully set forth herein, 206. In sesponse to Paragraph 206, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of faw rather than allegations of fact and, therefore, leave Plaintiffs to their proofs. 207. In response to Paragraph 207, Defendant Charter Township of Oakland neither admits nor denies the allegations contained therein for the reason that said allegations constitute conclusions of law rather than allegations of fact and, therefore, leave Plaintiffs to their proofs.4:14-cv-14697-TGB-MKM Doc #8 Filed 02/13/15 Pg370f46 Pg ID 131 208. In response to Paragraph 208, Defendant Charter Township of Oakland admits the factual allegations contained therein. 209. In response to Paragraph 209, Defendant Charter Township of Oakland denies the allegations contained therein, 210.1n response to Paragraph 210, Defendant Charter Township of Oakland denies the allegations contained therein, PRAYER FOR RELIEF WHEREFORE, Defendant CHARTER TOWNSHIP OF OAKLAND respectfully requests this Honorable Court deny Plaintiffs’ request, a no ceuse of action and dismiss any and all claims against the Charter Township of Oakland; including any claim of violation of law, injunctive relief, monetary damages or any other prayer for relief alleged by Plaintiffs, and award the Charter Township of Oakland and award of costs, attomey fees, and interest so wrongfully incurred, together with any and all relief deem reasonable and necessary by this Court Respectfully Submitted, GIARMARCO, MULLINS & HORTON, P if Kell DANIEL J. KELLY (P41315) Aifomeys for Defendant 101 W, Big Beaver Road, 10" Floor Troy, MI 48084 (248) 457-7025 Dated: February 13, 20154:14-cv-14697-TGB-MKM Doc #8 Filed 02/13/15 Pg 38 0f46 Pg ID 132 AFFIRMATIVE DEFENSES NOW COMES Defendant CHARTER TOWNSHIP OF OAKLAND, by and through its attomneys, GIARMARCO, MULLINS & HORTON, P.C., and for its affirmative defenses, states as follows: 1. Plaintiffs’ claims are barred in whole or in part in that Defendant is not liable for exemplary or punitive damages. 2, Plaintiffs’ claims are barred in whole or in part in that Defendant is protected by governmental immunity pursuant to Ross » Consumers Power Co, 420 Mich 567 (1984). 3, Plaintiffs’ claims are barred in whole or in part in that Defendant is protected by governmental immunity pursuant to 1986 PA 175; MCL §691.1401 et. seq. 4, Plaintiffs’ claims are barted in whole or in part in that Defendant will show and rely ‘upon at the time of tral that all times pertinent hereto, Defendant was engaged in the performance of governmental functions and, therefore, is immune from suit for civil damages for this claim pursuant to the principles of governmental immunity, as sot forth in case law and the statutes of this State, 5. Plaintiffs" claims are barred in whole or in part in that the fault of other responsible persons and entities, including, but not limited to, Plaintiff and/or parties and/or non- parties will act to bar Plaintiffs’ claims, 6. Plaintiffs? claims are barred in whole or in part in that Plaintiffs’ complaint fails to state a cause of action upon which relief can be granted. 7. Plaintiffs’ claims are barred in whole or in part in that Plaintiff lacks standing. 8. Plaintiffs” claims are barred in whole or in part in that Plaintiffs" claims are moot,4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg 390f46 Pg ID 133 10. HL 12. 14. 16, 17, 18, 19. Plaintiffs? claims are barred by the applicable doctrines of release, waiver, estoppel, accord and satisfaction, the statute of limitations, the statute of frauds, and/or laches, Plaintiffs’ claims are barred for lack of jurisdiction on the subject matter. Plaintiffs’ claims are barred in whole or in part because Plaintiffs may not invoke the equitable powers of this Court, Plaintiffs having come (o this Court with unclean hands. Plaintiffs’ claims are barred in whole or in part in that Plaintiffs’ claims for injunctive relief are barred because an injunction cannot redress their alleged injuries. Plaintiffs" claims are barred in whole or in part in that Plaintiffs have suffered no damages, Plaintiffs? claims are barred in whole or in part in that Plaintiffs are not the seal party in interest and can assert no claims, Plaintiffs? claims are barred because the claims are not ripe, or otherwise judiciable, Plaintiffs’ claims are barred in whole or in part in that Plaintiffs are not a person with a disability pursuant to MCI 37.1103, Plaintiffs’ claims aro barred in whole or in part in that the requested accommodation was not reasonable and would cause undue hardship. Plaintiffs’ claims are barred in whole or in part in that Plaintiffs failed to comply with, MCL 37.1210(18) regarding a failure to accommodate, Plaintiffs? claims are barred in whole or in part in that Plaintifis’ claims ere preempted, in whole or in part, by federal or state law.4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg 400f46 Pg ID 134 20. au. 22. 24. 25. 26. 21. Plaintiffs" claims are barred in whole or in part in that the Court should abstain from deciding certain issues raised because they implicate state law interests that are best decided by state courts. Plaintiffs’ claims are barred in whole or in part in that Plaintiffs have failed to exhaust all administrative remedies. Plaintiffs" claims are barred in whole or in part in that Defendant has a right to a good faith defense under applicable federal and state law. Plaintiffs" claims are barved in whole or in part in that Defendant's zoning ordinances are facially neutral and are not applied disparately. Plaintiffs" claims are barred in whole or in part in that the requested accommodations are not reasonably necessary for a disable individual to have an equal opportunity to enjoy housing in Oakland Township. Plaintiffs” claims are barred in whole or in part in that at all relevant times, Defendant did not violate any clearly established statutory right of Plaintiffs. Plaintiffs" claims are barred in whole or in part in that modification of the policies or procedures to avoid discriminating on the basis of disability is not reasonable because it (1) would fundamentally alter the nature of the service, program, or activity or (2) imposes an undue financial and administrative burden on the entity. Sandison v, Michigan High Sch Athletic Ass'n, 64 F3d 1026 (6th Cir 1995); Pottgen v, Missouri State High Sch Activities Ass'n, 40 3d 926 (8th Cir 1994). Plaintiffs? claims are barred in whole or in patt in that Plaintifis have failed to state a claim for common law exclusionary zoning or for exclusionary zoning undet MCL 125.3207.4:14-cv-14697-TGB-MKM Doc #8 Filed 02/13/15 Pg41o0f46 Pg ID 135 28, 29. 30, ai. 32. 33. 35. Plaintiffs’ claims are barred in whole or in part in that Plaintiffs cannot establish that they possess the requisite constitutionally-protected property interest necessary 10 assert its constitutional claims. Plaintiffs’ claims are barred in whole or in part in that the Township's Zoning Ordinance is presumed to be constitutional. Plaintiffs’ claims are barred in whole or in part in that the Township's Zoning Ordinance is constitutional under both the State of Michigan Constitution and the United States Constitution, Plaintiffs” claims are barred in whole or in part in that Plaintiffs lack standing to assert any due process claims because they cannot establish that they have suffered an. actual and concrete constitutional injury, Plaintiffs’ claims are barred in whole or in part based on the November 2012 referendum vote of the citizens of Oakland Township. Plaintiff's claims are barred in whole or in part based upon a failure to show damages and/or mitigate damages. PlaintifPs claims are bared in whole or in part based upon the Township Supervisor's SAU recommendation’s acknowledgment that Plaintiff may submit another proposal or application consistent with the SAU ordinance and the ‘Supervisor's recommendation would be considered. Plaintiff's claims are barred in whole or in part besed upon the failure to show that the Defendant would not approve any development for the elderly or disabled, as opposed to simply alleging denial of this development.4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg 420f46 Pg ID 136 36, 31. 38, 39. 40. 41. Plaintiff's claims are barred in whole or in part based upon Defendant Charter ‘Township of Oakland’s Ordinances providing a flexible and fair means to provide for fair housing and zoning which does not diseri nate, is not arbitrary or capricious, nor designed to create a disparate impact, treatment or result, Plaintif?'s claims are barred in whole or in part based upon the legal doctrine that the Charter Township of Oakland’s Board of Trustees can only take official action through its motions and votes. Plaintiff's claims are barred in whole or in part based upon the failure to show that the acts of the Board and/or commission members were affected by the public and that alleged Board of Commission members were involved in the Defendant's deliberations and decision, ‘As a matter of law and based upon the allegations made herein, the above Defendant, Charter Township of Oakland, is not liable under the Fair Housing Act, 42 USC 3601 et seq., and/or the common law for any damage, including, exemplary or puni damages nor attorney fees or costs, ‘As a matter of law and based upon the allegations made herein, the above Defendant, Charter Township of Oakland, is not liable under the American with Disabilities Act, 42. USC 12101 et seq,, and/or the common law for any damage, including, exemplary or punitive damages nor attorney fees or costs, ‘As a matter of law and based upon the allegations made herein, the above Defendant, Charter Township of Oakland, is not Hable under the Michigan Persons with Disabilities Civil Rights Act, MCL 37.1101 et seg., and/or the common law for any damage, including, exemplary or punitive damages nor attorney fees or costs,4:14-cv-14697-TGB-MKM Doc #8 Filed 02/13/15 Pg 43 0f46 Pg ID 137 42, 43. 44, 45. “46, As a matter of law and besed upon the allegations made herein, the above Defendant, Charter Township of Oakland, is not liable under the principles of exclusionary zoning, MCL 125.3207, and/or the common law for any damage, including, exemplary or punitive damages nor attorney fees ar costs. ‘Asa matter of law and based upon the allegations made herein, the above Defendant, Charter Township of Oakland, is not liable under the Elliot-Larsen Civil Rights Act, MCL 37.2101 et seq,, and/or the common law for any damage, including, exemplary or punitive damages nor attorney fees or costs. ‘Asa matter of law and based upon the allegations made herein, the above Defendant, Chaster Township of Oakland, is not liable under the principles of equal protection and substantive due process, and/or the common law for any damage, including, exemplary or punitive damages nor attorney fees or costs. ‘Asa matter of law and based upon the allogations made herein, the above Defendant, Charter Township of Oakland, is not liable under the principles of a failure to make a reasonable accommodation, and/or the common law for any damage, including, ‘exemplary or punitive damages not attorney fees or costs. Plaintifi’s claims are barred in whole or in part based upon the difference in what was actually denied and what would have been approved,4:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg 440f46 Pg ID 138 47, ‘The Defendant Charter Township of Onkland reserves the right to set forth such additional affirmative defenses and objections as may be established in the course of pre-trial proceedings herein as may be necessary. GIARMARCO, MULLINS & HORTON, P.C. By: //Daniel J. Kelly DANIEL J. KELLY (P41315) Attomey for Defendant Charter Township of Oakland 101 West Big Beaver Road, 10" Floor Troy, MI 48084-5280 Dated: February 13, 2015 (248) 457-70254:14-cv-14697-TGB-MKM Doc #8 Filed 02/13/15 Pg 45 0f46 Pg ID 139 UNITED STATES DISTRICT COURT. EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MOCERI/DM INVESTMENTS, LLC, a Michigan limited liability company, and, JOAN M. BUSER, Case No; 4:14-14697 Hon. Terrence G. Berg Plaintiffs, ‘Magistrate Judge Majzoub 8 ‘THE CHARTER TOWNSHIP OF OAKLAND, MICHIGAN, a Michigan municipal corporation, Defendant. KICKHAM HANLEY PLLC GIARMARCO, MULLINS & HORTON, P.C, GREGORY D. HANLEY (P51204) DANIEL J. KELLY (P41315) JAMIE K, WORROW (P6152!) Attorney for Defendant Attorneys for Plai 101 W. Big Beaver Rd, 10" Floor 32121 Woodward Ave., Ste. 300 Troy, MI 48084 Royal Oak, MI 48073, (248) 457-7025 (248) 544-1500 DEMAND FOR JURY NOW COMES Defendant, CHARTER TOWNSHIP OF OAKLAND, by and though their attomeys, GIARMARCO, MULLINS & HORTON, P.C. hereby demands atrial by jury of the within cause. GIARMARCO, MULLINS & HORTON, P.C, By: Av, DANIEL J. KELLY (P41315) ‘Attomey for Defendant Charter Township of Oakland 101 West Big Beaver Road, 10" Floor Troy, MI. 48084-5280 Dated: February 13,2015 (248) 487-70254:14-cv-14697-TGB-MKM Doc#8 Filed 02/13/15 Pg 460f46 Pg ID 140 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MOCERI/DM INVESTMENTS, LLC, 8 Michigan limited liability company, and, JOAN M, BUSER, Case No: 4:14-14697 Hon. Terrence G, Berg Plaintiffs, Magistrate Judge Majzoub “V8 ‘THE CHARTER TOWNSHIP OF OAKLAND, MICHIGAN, a Michigan’ municipal corporation, Defendant, KICKHAM HANLEY PLLC GIARMARCO, MULLINS & HORTON, P.C. GREGORY D, HANLEY (P51204) DANIEL J. KELLY (P41315) JAMIE K, WORROW (P61521) ‘Attorney for Defendant Attorneys for Plaintiff 101 W. Big Beaver Rad., 10" Floor 32121 Woodward Ave., Ste. 300 ‘Troy, MI 48084 Royal Oak, MI 48073 (248) 457-7025 (248) 544-1500 ERTIFICATE OF SERVICE ‘The undersigned certifies that a copy of Defendant's Answer to Complaint, Affirmative Defenses and Jury Demand was served upon all counsel of record herein at their respective email addresses as directed on the pleadings using the Court's CM/BCF system on February 13, 2015, Signature: /s/ Felicia Bellant FELICIA BELLANT