In 2004 and 2005, the case was heard at the District Court level and later by the Utah Court of Appeals with different outcomes, although neither supported the parameters the Hancock family sought for the business.

In February 2005, Hancock submitted two new applications to the county.

The County Commission imposed a six-month moratorium on applications for residential treatment centers pending its review of the current zoning and planing ordinances for "group homes."

They subsequently amended the ordinance to include more restrictive zoning regulations, permitting residential treatment centers only in areas of the county with the commercial A-10 zoning designation. Occupancy limitations and set-back requirements were also imposed.

Last week after years of study, the division found the county's actions in violation of the Utah and Federal Fair Housing Acts because of its refusal to allow reasonable occupancy and housing for a group of disabled youth. County officials must now attend Fair Housing training sometime within the next three months and report their attendance to the division.

"Bottom line, a county cannot discriminate against the disabled based upon irrational fears motivated by impermissible stereotypes," said Hancock. "What remains to be seen is if the determination of an impartial state agency serves as a wake-up call for the county or if the county will continue to dig its heels into an indefensible position."

The county has the right to appeal the division's orders and findings. The case could potentially land in a state or federal civil courtroom.

Calls to County Commissioners seeking comment on the division's ruling were not returned at press time.

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E-mail: lezleewhiting@hotmail.com