Login

Login

To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library

Add

Search

Login
Register
Register

Village of Arlington Heights v. Metropolitan Housing Development Corp

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
AA
Font size

Property Law Keyed to Cribbet

View this case and other resources at:
Bloomberg Law

Citation. 22 Ill.429 U.S. 252, 97 S. Ct. 555, 50 L. Ed. 2d 450 (1977)

Brief Fact Summary. The Metropolitan Housing Development Corporation (Respondent) applied to the Village of Arlington Heights (Petitioner) for rezoning of a 15 acre parcel from single-family residential to multi-family residential, intending to build federally subsidized low to moderate income housing. The request was denied and Respondent sued for injunctive and declaratory relief, claiming that the effect of the denial of rezoning was discriminatory in nature and thus violative of the Fourteenth Amendment and the Fair Housing Act of 1968, 42 U.S.C. Section:3601, et. seq.

Synopsis of Rule of Law. Official action will not be held unconstitutional solely because it results in a racially disproportionate impact.


Facts. Respondent applied to Petitioner for rezoning of a 15 acre parcel from single-family residential to multi-family residential, intending to build federally subsidized low to moderate income housing. The request was denied and Respondent sued for injunctive and declaratory relief, claiming that the effect of the denial of rezoning was discriminatory in nature and thus violative of the Fourteenth Amendment and the Fair Housing Act of 1968, 42 U.S.C. Section:3601, et. seq. Arlington Heights is a suburb of Chicago, which is predominately white (the 1970 census showed that only 27 of the city’s 64,000 residents were black). The city is mostly zoned for single-family detached housing. The Clerics of St. Viator (the Order) owns an 80-acre parcel of land surrounded by single-family housing. In 1970, the Order decided to devote some of its land to low and moderate income housing, and found that the most expedient way to accomplish this goal was to work through a nonprofit developer experienced
in federal housing subsidies under Section:236 of the National Housing Act, 12 U.S.C. Section:1715z-1. The sale was contingent on Respondent’s securing of zoning clearances from the Petitioner and Section:236 housing assistance from the government. Respondent hired an architect and began the project, which was to be known as Lincoln Green, and was to include 20 two-story buildings with a total of 190 units. Respondent filed a petition for rezoning with the Village Plan Commission along with materials regarding the proposal, including the requirement under Section:236 that an affirmative marketing plan be designed to assure that a subsidized development is racially integrated. The Commission held three public hearings after which it recommended to the Petitioner’s Board of Trustees that the application of Respondent be denied due to the fact that the Commission felt that low income housing would be unsuitable in the proposed location. The Board of Trustees then denied the rezoning application. Then, Respondent f
iled suit against the Petitioner, seeking injunctive and declaratory relief. The federal district court found for the Petitioner, but the court of appeals reversed and found for Respondent. The Petitioner appealed.

Issue. Was the denial of the rezoning application unconstitutionally or statutorily discriminatory?

Create New Group

Casebriefs is concerned with your security, please complete the following