Buckeye Community Hope Foundation v. City of Cuyahoga Falls
United States Court of Appeals for the Sixth Circuit
263 F.3d 627 (6th Cir. 2001)
After local residents opposed a low-income housing site-plan ordinance with complaints referencing crime, busing comparisons, and increased children, the City of Cuyahoga Falls (defendant) held an unprecedented referendum on the ordinance, and the mayor's own opposition invoked an article titled "Stuck in the Ghetto"; the denial disproportionately affected Black residents, and Ohio's Supreme Court separately found the referendum violated the state constitution. Buckeye Community Hope Foundation and others (plaintiffs) sued under the Fair Housing Act; the district court granted summary judgment for the city, and plaintiffs appealed.
Whether Fair Housing Act discrimination can be established either by proving discriminatory intent under a four-factor test, or by demonstrating a disparate racial impact, when a municipality blocks a low-income housing development through referendum.