Chelsie Nitschke and Cynthia George v. 326 Welch Partners, Avenue Construction, LLC, and Barnett Design Studio, LLC

Summary

The United States District Court for the Middle District of Tennessee grants judgment on the pleadings in favor of Chelsie Nitschke and Cynthia George concerning alleged Fair Housing Act and accessibility violations at a Nashville apartment complex. The court finds the defendants liable for failing to design and construct covered multifamily dwellings in compliance with applicable FHA requirements and for accessibility deficiencies in public and common-use areas. The court reserves determination of damages and injunctive relief.

Holdings

1. The court exercised its discretion to exclude the Heybeck Report and declined to convert the Rule 12(c) motion into a motion for summary judgment.
2. Plaintiffs were entitled to judgment on the pleadings, and defendants 326 Welch Partners and Avenue Construction, LLC, were liable for violations of the Fair Housing Act's design-and-construction requirements.
3. Defendants' denials did not preclude judgment on the pleadings because the court was required to treat plaintiffs' well-pleaded factual allegations as true for purposes of the Rule 12(c) motion.

Questions Presented

1. Whether the court should consider the Heybeck Report, which was submitted outside the pleadings, in resolving the Rule 12(c) motion.
2. Whether plaintiffs were entitled to judgment on the pleadings establishing defendants' liability for violations of the Fair Housing Act's design-and-construction requirements.
3. Whether defendants' denials of certain factual allegations precluded judgment on the pleadings.

Disposition

other