NLR to pay $70,000 in care-home lawsuit

North Little Rock officials reached a settlement Monday in a federal lawsuit filed against the city in 2014 by a Lonoke man who had unsuccessfully sought to establish an alternative-care home for up to three to five elderly or disabled persons within a residential neighborhood.

City Attorney Jason Carter told the City Council at its regular meeting Monday evening that terms were reached earlier in the day for a $70,000 settlement with Koy Butler to be paid by the city.

The City Council voted to approve the settlement 6-1. Alderman Murry Witcher voted against it. Alderman Debi Ross was absent.

Butler filed the lawsuit in October 2014 after both the North Little Rock City Council and the North Little Rock Board of Adjustment turned down his applications to establish his business at 4404 Arlington Drive within a single-family residential neighborhood. The concept was to provide unrelated elderly residents or persons with disabilities the opportunity to live together in a community environment instead of an institution.

The City Council voted 6-2 in December 2013 against approval of a special use permit and rezoning to allow the business. The Board of Adjustment's decision followed in July 2014 to deny Butler's request for reasonable accommodation, a process required by the federal Fair Housing Amendments Act that the city hadn't previously had in place. The board's motion failed for lack of a second.

Carter said that, though he had "confidence in our case," he believed a defense would also "have problems" if the case went to trial.

"We have a concern because [the city] did initially tell Mr. Butler that his request was permissible," Carter said. When a review found that to be incorrect, he added, Butler had already agreed to buy the property.

"Victory is not certain if we litigated the case out," Carter said.

The settlement terms include that Butler won't request other residential accommodations in North Little Rock, Carter said. A House of Three was already in place in Little Rock at the time of the application in North Little Rock.

Metro on 07/12/2016

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