During one of the panel discussions at the ABA Consumer Financial Services Committee meeting, a speaker indicated that the newly elected Mayor of Mt. Holly, NJ has publicly stated that he is interested in settling the case now pending before the U. S.  Supreme Court. As we previously reported, a cert petition is pending before the Court which once again tees up the question of whether a Fair Housing Act violation can be established through evidence of disparate impact on a protected class.

The Court recently asked the Solicitor General to file a brief expressing his views on whether cert should be granted. Last year, the Supreme Court had granted cert in another case raising the same issue, City of St. Paul v. Magner.  Under very mysterious circumstances, the City of St Paul settled the case. It now looks like there may be some ground for concern that Mt. Holly Township might do the same thing.