This case involves the Fair Housing Act (“FHA”) and Americans with Disabilities Act (“ADA”). Defendant, the City of Springfield, prohibited Plaintiffs from operating a home for residents in recovery from drug or alcohol addiction. Defendant claimed their zoning ordinance prohibited the home from operating in an R-SF Zone because it is a “group home” under the City’s zoning code and there is another “group home” located within 1/4 mile. The City classified the home as a group home because the residents who occupy the home are in recovery from drug and alcohol abuse. The City denied Plaintiffs’ request for a reasonable accommodation under the FHA and ADA.
Plaintiffs brought claims of failure to accommodate, disparate treatment, and disparate impact under the ADA and the FHA.
Plaintiffs have disclosed three experts in this matter. Stephen D. Villavaso was disclosed as an expert in professional and urban planning. Andrea Stevens is a real estate agent, who Plaintiffs wish to have testify as to the number of residential listings in the City of Springfield during a given timeframe. Finally, John Majer was disclosed to provide expert opinions concerning the operation of residential group homes for substance abuse treatment.
Defendant filed a motion to exclude the testimony of the proposed expert witnesses disclosed by Plaintiffs for the reason that their proposed testimony did not meet the requirements set forth in Rule 702.
Urban Planning Expert Witness
Stephen D. Villavaso, J.D., FAICP is a professional urban and regional planner and a land use/zoning attorney with over forty years of experience in city and regional planning, environmental regulations, land use law, public administration and zoning.
Villavaso’s degrees include a Bachelor of Science in Economics and a Master of Urban and Regional Planning, both from the University of New Orleans, and a Juris Doctorate from Loyola University of New Orleans. He has served the Louisiana Chapter of the American Planning Association, with thirty-five years of service to the APA — receiving both the Chapter’s Leadership and Distinguished Service Awards along the way. He is the Past-President of the Louisiana Chapter of the American Planning Association.
Real Estate Expert Witness
Andrea Stevens is a real estate agent affiliated with Keller Williams Realty Elevate in Joplin, Missouri. Stevens has been practicing as a real estate professional since 2021 and is licensed by the Missouri Real Estate Commission.
Psychology Expert Witness
John M. Majer, Ph.D. is a full Professor of Psychology at Harry S. Truman College and a Consultant for the Center for Community Research at DePaul University, in Chicago, Illinois.
Majer has extensive research experience in the field of clinical-community psychology, mostly involving persons with substance use disorders and sober living homes.
Discussion by the Court
Defendant argued that the experts’ opinions are not based on reliable methodology, are not supported by sufficient facts or data, and are based upon theories that have not been tested.
Stephen Villavaso is an expert in professional and urban planning, who offers opinions on municipal zoning practices, the City’s application of its ordinances, and the compatibility of the spacing requirements with accepted planning principles and DOJ/HUD guidance. Andrea Stevens is a licensed real estate professional, who analyzes residential housing market conditions in Springfield, including the availability of suitable properties during the relevant timeframe. Dr. John Majer is an expert in the operation of residential recovery housing, who provides insight into the therapeutic and operational requirements of recovery homes, as well as the practical implications of spacing requirements on their viability.
This Court agreed that the arguments raised by Defendant’s motion go to credibility and the weight of the testimony which are subjects that may be raised during cross-examination.
However, federal courts should limit their review to the materials that were presented to the local land use board while considering reasonable accommodation claims, except in circumstances where the board prevents applicants from presenting sufficient information. This general rule however, does not apply to disparate impact and disparate treatment discrimination claims.
The Court found that the Plaintiffs were not prevented from providing the information they now seek to present. Plaintiffs were invited to resubmit their request to the proper individual, and asked to address several issues, which they chose to ignore when making their resubmission. Thus, the expert reports will be considered in the disparate impact and disparate treatment claims. The expert reports will, however, be excluded in the failure to accommodate claim.
Held
The Court granted in part and denied in part the Defendant’s motion to exclude or limit the testimony of Plaintiffs’ expert witnesses Stephen D. Villavaso, Andrea Stevens, and Dr. John Majer.
Key Takeaway
Plaintiffs’ experts may be relevant under Rule 702 and at this time, there is no basis to exclude them under Daubert. However, the Court excluded Plaintiffs’ expert testimony in the failure to accommodate claim because it was not presented to the City as part of Plaintiffs’ request for accommodation.
Case Details:
| Case Caption: | New Beginning Sanctuary V. City Of Springfield, Missouri |
| Docket Number: | 6:23cv3336 |
| Court Name: | United States District Court, Missouri Western |
| Order Date: | January 22, 2026 |
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