University of Michigan Law School
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Case Name Huntington Branch NAACP v. Town of Huntington FH-NY-0007
Docket / Court CV-81-541 ( E.D.N.Y. )
State/Territory New York
Case Type(s) Fair Housing/Lending/Insurance
Case Summary
Plaintiffs, a class action comprised of the NAACP, minority citizens and minority citizens, community organizations in Huntington, New York filed suit against the Town of Huntington and the Department of Housing and Urban Development (HUD) over Defendants' opposition to a low-income multi-family ... read more >
Plaintiffs, a class action comprised of the NAACP, minority citizens and minority citizens, community organizations in Huntington, New York filed suit against the Town of Huntington and the Department of Housing and Urban Development (HUD) over Defendants' opposition to a low-income multi-family housing development. Plaintiffs sued in the U.S. District Court for the Eastern District of New York, alleging violations of the Fair Housing Act, 42 U.S.C. 3601-3619, federal civil rights statutes, 42 U.S.C. 1981, 1982, and 1983, and state law. Plaintiffs alleged that the Defendants' opposition to the proposed development was based on racial considerations.

U.S. District Court Judge Costantino dismissed the Plaintiffs' complaint in its entirety on January 18, 1981, holding that a court-ordered change in the Defendants' zoning laws would not remedy Plaintiffs' injury because there were insufficient Section 8 funds to build the proposed housing structure. Huntington Branch NAACP v. Huntington, 530 F. Supp. 838 (E.D.N.Y. 1981). On September 28, 1982, the Second Circuit reversed the District Court's dismissal, holding that the uncertainty of federal of funds in the future did not render the Plaintiff's injury non-redressable. Huntington Branch, NAACP v. Huntington, 689 F.2d 391 (2d Cir. 1982).

On remand from the appellate court, District Court Judge Glasser certified a class action against the Town of Huntington on November 7, 1983; the Plaintiffs dropped their claims against the federal agency. The District Court denied a defense motion for summary judgment on May 13, 1984. On September 24, 1987, Judge Glasser ruled in favor of the Defendant-town on all of Plaintiff's claims in the case, finding that there was insufficient evidence of purposeful discrimination and that the Defendant had provided sufficient non-discriminatory, non-pre-textual explanations for its actions.

On appeal, the Second Circuit again reversed the District Court, this time finding that Plaintiffs had demonstrated a violation of the Fair Housing Act based on Defendant's purposeful use of zoning laws to impede minority home ownership in the town. Huntington Branch, NAACP v. Huntington, 844 F.2d 926 (2d Cir. 1988). The Second Circuit ordered the City to implement changes to its zoning laws to accommodate the proposed development.

The Supreme Court affirmed the Second Circuit's ruling on November 7, 1988, in a per curiam opinion delivered without oral argument. Huntington v. Huntington Branch, NAACP, 488 U.S. 15 (1988).

Andrew Nash - 06/02/2008


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Issues and Causes of Action
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Issues
Discrimination-area
Zoning
Discrimination-basis
Race discrimination
General
Racial segregation
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. ยงยง 3601 et seq.
Defendant(s) Town of Huntington
Plaintiff Description NAACP on behalf of minority residents who were denied the opportunity to construct multi-family housing in a majority-white area outside of a designated 'urban renewal zone,' which was 52% minority.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1988 - n/a
Case Closing Year 1992
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
Memorandum of Decision and Order [Re: Dismissal] 01/18/1981 (530 F.Supp. 838) (E.D.N.Y.)
FH-NY-0007-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion [Re: Appeal of Dismissal] 09/28/1982 (689 F.2d 391)
FH-NY-0007-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order [Denying Writ of Certiorari] 04/04/1983 (460 U.S. 1069)
FH-NY-0007-0008 PDF | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Memorandum and Order [Granting Judgment for Defs.] 09/09/1987 (668 F.Supp. 762) (E.D.N.Y.)
FH-NY-0007-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order [Reversing D.C. Decision] 04/05/1988 (844 F.2d 926)
FH-NY-0007-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Per Curiam Opinion [Affirming Judgment] 11/07/1988 (488 U.S. 15)
FH-NY-0007-0009 PDF | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Order [Denying Rehearing] 01/09/1989 (488 U.S. 1023)
FH-NY-0007-0010 PDF | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Order [Re: Attorney Fees] 10/23/1990 (749 F.Supp. 62) (E.D.N.Y.)
FH-NY-0007-0005 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum and Order and Final Judgment [Re: Expert Witness Fees] 04/29/1991 (762 F.Supp. 528) (E.D.N.Y.)
FH-NY-0007-0006 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order [Re: Attorney Fees] 04/13/1992 (961 F.2d 1048)
FH-NY-0007-0007 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Costantino, Mark Americus (E.D.N.Y.)
FH-NY-0007-0001
Glasser, Israel Leo (E.D.N.Y.)
FH-NY-0007-0003 | FH-NY-0007-0005 | FH-NY-0007-0006
Kaufman, Irving Robert (Second Circuit, S.D.N.Y.)
FH-NY-0007-0002 | FH-NY-0007-0004
Newman, Jon Ormond (Second Circuit, D. Conn.)
FH-NY-0007-0004 | FH-NY-0007-0007
Oakes, James Lowell (Second Circuit, D. Vt.)
FH-NY-0007-0004 | FH-NY-0007-0007
Van Graafeiland, Ellsworth Alfred (Second Circuit)
FH-NY-0007-0007
Ward, Robert Joseph (S.D.N.Y.)
FH-NY-0007-0002
Winter, Ralph K. Jr. (FISCR, Second Circuit)
FH-NY-0007-0002
Monitors/Masters None on record
Plaintiff's Lawyers Atkins, Thomas I. (New York)
FH-NY-0007-0001 | FH-NY-0007-0002
Bellman, Richard F (New York)
FH-NY-0007-0001 | FH-NY-0007-0002 | FH-NY-0007-0003 | FH-NY-0007-0004 | FH-NY-0007-0005 | FH-NY-0007-0006 | FH-NY-0007-0007
Clark, Miriam F. (New York)
FH-NY-0007-0004
Ford, Margrett (New York)
FH-NY-0007-0001 | FH-NY-0007-0002
Friedman, Leon (New York)
FH-NY-0007-0007
Hankins, Grover G. (Maryland)
FH-NY-0007-0004
Rodgers, Curtis (New York)
FH-NY-0007-0001 | FH-NY-0007-0002
Sanders, Charles F. (New York)
FH-NY-0007-0003
Steel, Lewis M (New York)
FH-NY-0007-0002 | FH-NY-0007-0004
Defendant's Lawyers Cahn, Richard C. (New York)
FH-NY-0007-0001 | FH-NY-0007-0002 | FH-NY-0007-0003 | FH-NY-0007-0004 | FH-NY-0007-0005 | FH-NY-0007-0006 | FH-NY-0007-0007
Karson, Scott M. (New York)
FH-NY-0007-0004
Kleinberg, Charles (New York)
FH-NY-0007-0001
Korman, Edward Robert (New York)
FH-NY-0007-0001
Other Lawyers None on record

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