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Civil Procedure Zoning, Planning & Land Use Civil Rights

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

The Supreme Court - June 23, 2017

by Dorsey & Whitney LLP on

Perry v. Merit Systems Protection Bd., No. 16-399: Petitioner Anthony Perry was a federal employee at the U.S. Census Bureau and in 2011, received notice he would be terminated due to spotty attendance. Perry and the Bureau...more

High Court Inclusive Communities Ruling: 1 Year Later

by WilmerHale on

Last summer the U.S. Supreme Court issued its much-anticipated decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project,[1] holding that disparate impact discrimination claims are...more

Landmark Discrimination Case: Fair Housing Act Thwarts NIMBYs - Avenue 6E Investments, LLC v. City of Yuma (March 25, 2016)

Why It Matters: The Ninth Circuit Court of Appeals reversed a decision in favor of the City of Yuma, Arizona, and concluded instead that there was sufficient evidence to present to a jury that the City had rejected the...more

Update on the U.S. Supreme Court’s Inclusive Communities Decision

by Dorsey & Whitney LLP on

As previously reported on this blog, the U.S. Supreme Court’s decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., 135 S. Ct. 2507 (2015) adopted a burden-shifting approach to...more

Alaska Presses D.C. Court of Appeals to Reject Trust Acquisitions in Alaska

by Dickinson Wright on

The question of whether Alaska Natives may place land in the same federal trust status as Indian tribes in the lower 48 states was widely thought to have been resolved but is now before the Court of Appeals for the District...more

U.S. Supreme Court Allows Disparate-Impact Claims Under Fair Housing Act

by Carlton Fields on

In a recent holding, the U.S. Supreme Court determined that discrimination claims under the Fair Housing Act (FHA) may be premised on "disparate impact," meaning that a plaintiff may challenge a practice even if it was not...more

Supreme Court Decision May Make It Easier for Borrowers to Sue for Discrimination

A recent decision of the Supreme Court of the United States may make it easier for borrowers to claim discrimination when denied a loan. In late June 2015, the Court addressed whether lawsuits brought under the Fair Housing...more

Religious Institutions: June 2015

by Holland & Knight LLP on

Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate...more

Kosher Meals for Prisoners: U.S. Department of Justice Wins Claim of Religious Discrimination against the Florida Department of...

by Robinson & Cole LLP on

A federal court has ruled that the Florida Department of Corrections’ (Department) refusal to provide kosher meals to inmates violates the Religious Land Use and Institutionalized Persons Act (RLUIPA). The court’s decision in...more

Ninth Circuit Issues Decision in Civil Rights Case in Review of California SIP

by Bergeson & Campbell, P.C. on

On May 8, 2015, in El Comite Para El Bienestar De Earlimart v. EPA, a Panel of the U.S. Court of Appeals for the Ninth Circuit denied a petition for review filed by several groups that the court describes as “community...more

Suit by “Interested,” Neighboring Municipalities to Enforce SEQRA Requirements Does Not “Impose or Implement” a Land Use...

by Robinson & Cole LLP on

On March 27, 2015, the Southern District of New York granted summary judgment in favor of all defendants in the consolidated action Bernstein v. Wesley Hills, 08-CV-156; 12-CV-8856 (KMK), (the “Wesley Hills” Action). The...more

“Integral Yoga” Group and Swami Hope to Find Their Inner Balance in Federal Court; Lawsuit Alleges Religious Discrimination by...

by Robinson & Cole LLP on

The Spirit of Aloha Temple (“Spirit”) and Fredrick R. Honig a/k/a Swami Swaroopananda are suing the County of Maui and the Maui Planning Commission (“Commission”) over the Commission’s denial of their proposal to use an...more

2d Cir Extends Williamson County Ripeness "Final Decision" Requirement To ADA Claims

by Robinson & Cole LLP on

Ah, Williamson County. We've ranted about it before, so we won't do so here (again). But takings mavens know that a property owner must meet two tests before she can raise a takings claim against a state or local government...more

Second Circuit Restores Litchfield Synagogue's Lawsuit

by Robinson & Cole LLP on

A lawsuit filed by a Litchfield Jewish organization has been reinstated, giving the group new hopes it will ultimately win approval to build a 20,000-square-foot synagogue and community center near the historic...more

Second Circuit Revives Chabad Group’s RLUIPA Suit

by Robinson & Cole LLP on

On September 19, 2014, the Second Circuit issued its decision in Chabad Lubavitch of Litchfield County, Inc. v. Borough of Litchfield (2d Cir. 2014), reversing the lower court’s entry of summary judgment in favor of the...more

Ninth Circuit: Cities Must Have On-Street Disabled Parking

by Best Best & Krieger LLP on

Cities Have an Obligation Under the ADA - The Ninth Circuit recently ruled that cities have an obligation under the Americans with Disabilities Act to provide on-street parking that is accessible to people with...more

The U.S. Supreme Court Grants Cert to Decide Whether the Fair Housing Act Allows for Disparate Impact Claims in Township of Mount...

On June 17, 2013, the U.S. Supreme Court granted a petition for certiorari in a case that will decide whether “disparate impact” liability — liability based solely on a practice’s alleged discriminatory effect, though the...more

Supreme Court Agrees Again To Decide Critical Disparate Impact Questions under the Fair Housing Act

by Ballard Spahr LLP on

The question of whether plaintiffs suing under the Fair Housing Act may bring disparate impact claims is back on the U.S. Supreme Court's docket as a result of the Court's decision today to grant certiorari in Mount Holly v....more

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