Zoning, Planning & Land Use Civil Procedure Civil Rights

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City’s Handling of Application for Subdivision Approvals May Trigger Liability Under Fair Housing Act

The Federal Fair Housing Act (“FHA”) prohibits discrimination in the sale or rental of housing, including discriminatory land use decisions, on account of race, color, religion, sex, national origin or familial status. The...more

Ninth Circuit: Cities Must Have On-Street Disabled Parking

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

Group Homes Can Move Forward With Their Lawsuit Challenging an Ordinance that has the Practical Effect of Prohibiting Group Homes...

The United States Court of Appeals for the Ninth Circuit held that the district court erred in dismissing a lawsuit challenging a city ordinance that effectively banned group homes for alcoholics and drug users with an...more

The Best Defense You’ve Never Heard Of – The Federal Enclave Doctrine Restricts Wrongful Termination Remedies

The relatively obscure Federal Enclave Doctrine is potentially a powerful arrow in the quiver of defense counsel, where the tortious act complained of occurred on federal land. In the context of employment-related claims, the...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

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

Infobytes Special Alert: Petitioners Withdraw Major Fair Housing Case Pending Before U.S. Supreme Court

On February 10, the parties in a major fair housing case under review by the U.S. Supreme Court requested that the Court dismiss the case. As reported previously by BuckleySandler, the City of St. Paul, Minnesota withdrew...more

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