In 9th Circ. Neighbors Say No, Fair Housing Act Says Yes

By: Michael M. Berger
– Law360

"The Ninth Circuit Court of Appeals recently 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 developer's application for an increase in zoning density for reasons of barely disguised animus toward the expected residents of the new development. The court held that issues of disparate treatment and disparate impact under both the Fourteenth Amendment's Equal Protection Clause and the federal Fair Housing Act needed to be tried."

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