Ave. 6E Investments, LLC v. City of Yuma

818 F.3d 493 (2016)

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Ave. 6E Investments, LLC v. City of Yuma

United States Court of Appeals for the Ninth Circuit
818 F.3d 493 (2016)

Facts

Some areas in the City of Yuma, Arizona (the city) (defendant) were predominantly Hispanic, whereas other areas were predominantly White. Because Hispanics in the city were largely low-income, the predominantly Hispanic areas contained affordable housing. By contrast, the predominantly White areas of the city lacked affordable housing. Avenue 6E Investments, LLC (Avenue 6E) (plaintiff) owned property in one of the city’s predominantly White areas and sought to construct housing that would be affordable to Hispanics. This required rezoning the property, so Avenue 6E submitted a rezoning request. At a city-council meeting, city residents stated that Avenue 6E’s proposed development would result in the creation of a high-crime neighborhood. After the meeting, the council denied Avenue 6E’s rezoning request. This rezoning request was the only one of 76 requests considered by the council over the preceding three years that the council had denied. Moreover, due to the council’s decision, there was a continued lack of affordable housing in the predominantly White areas of the city, such that Hispanics remained concentrated in other areas. Avenue 6E filed suit, contending that the council’s denial of its rezoning request constituted discrimination against Hispanics, thereby violating the disparate-treatment provision of the Fair Housing Act (FHA). The district court dismissed the disparate-treatment claim. Avenue 6E appealed.

Rule of Law

Issue

Holding and Reasoning (Reinhardt, J.)

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