A lawsuit filed against Orem in behalf of a group home resident is back in Salt Lake City without clear resolution after spending months in appeals court.

Filed in March of 1992 in the name of Brad Bangerter, the suit contends that Orem discriminated against him by imposing requirements and restrictions on the use of the home on 800 North based on the fact that the four young men who would occupy the home were mentally challenged.Bangerter, who is represented by the Legal Center for People with Disabilities, asks for unspecified damages. The home has since been vacated.

Orem's City Council granted the conditional use permit for the home but asked for 24-hour supervision and for an overseer neighborhood committee.

City Attorney Paul Johnson said if the city had not granted the permit, it would probably have been in a lot deeper legal trouble.

However, based on the facts as they stand, Judge David Sam dismissed the case in U.S. District Court in September 1993.

It was then appealed to the 10th Circuit Court of Appeals in Denver where it has languished until this past month.

"The 10th Circuit Court issued a very lengthy and very complex opinion," said Johnson. "The bottom line being there are several issues left the court wants resolved."

Specifically, the court asked the legal center attorneys to prove injury occurred to Bangerter and to justify the requirement for the 24-hour supervision and the neighborhood advisory committee.

"Those two requirements came right out of the state law," said Johnson, who expected the court to center instead on whether or not the city could grant a conditional use permit.

Johnson said a short hearing in front of Sam occurred on Tuesday and the legal center apparently plans to file an amended motion.

"So I guess you could say the city loses because the 10th Circuit judges did not uphold Judge Sam's decision of dismissal," said Johnson. "But actually, nothing was really resolved."