As expected, the Mount Holly town council voted last night to approve the settlement in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. Coming just three weeks before the U.S. Supreme Court oral argument scheduled for December 4, the vote effectively ends the litigation and means a second important opportunity for clarity with respect to disparate impact claims under the Fair Housing Act and (by analogy) ECOA has been lost.… Continue Reading
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Mount Holly town council vote on settlement expected tomorrow
We understand that the parties are expected to sign the settlement agreement in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. sometime today and/or tomorrow and the Mount Holly town council is expected to approve the settlement when it meets tomorrow night. As we reported, the council did not vote last week due to issues concerning the language of the proposed settlement agreement.… Continue Reading
Mount Holly settlement update
Last night, the Mount Holly town council met to discuss the tentative settlement in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. We understand that due to issues concerning the language of the proposed settlement agreement, the council did not vote on the settlement. It is expected that these issues will be resolved in the next few days and the settlement will be approved by the council. … Continue Reading
Tentative settlement reportedly reached in Mount Holly
It is looking like our prediction that Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. would settle before the U.S. Supreme Court heard oral argument was accurate. Late yesterday, the Wall Street Journal reported that the parties have reached a tentative settlement.
A settlement would mean that the Supreme Court has lost its second opportunity to decide whether plaintiffs suing under the Fair Housing Act can bring disparate impact claims.… Continue Reading
Mt. Holly Gardens files merits brief
Although settlement discussions are continuing, the respondents in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc., filed their merits brief with the U.S. Supreme Court on October 21. (The Township’s opening brief was filed on August 26.) The question presented in the case is whether disparate impact claims are cognizable under the Fair Housing Act (FHA). … Continue Reading
Mount Holly case draws numerous amicus briefs supporting Township’s position
Thirteen amicus briefs have been filed in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc., the case pending in the U.S. Supreme Court in which the question presented is whether disparate impact claims are cognizable under the Fair Housing Act (FHA).
Twelve of the amicus briefs support the Township’s position that the FHA prohibits only intentional discrimination and does not allow disparate impact claims. … Continue Reading
Township of Mount Holly files opening brief in Supreme Court
Despite the pending settlement discussions, the Township of Mount Holly has filed
its opening brief in the U.S. Supreme Court. The question presented in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. is whether disparate impact claims are cognizable under the Fair Housing Act (FHA). In the case, the Township’s plan to redevelop a residential area was challenged as having a disparate adverse impact on minorities. … Continue Reading
HUD seeks stay of disparate impact suit
When we wrote about the lawsuit filed on June 26, 2013 against HUD by two insurance industry trade groups challenging HUD’s final rule formalizing its use of disparate impact liability under the Fair Housing Act (FHA), we suggested that HUD might ask the court to stay further proceedings in the case pending a decision by the U.S.… Continue Reading
Parties in Mt. Holly case hire Supreme Court advocates
As we previously reported, settlement discussions are underway in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. On June 17, the U.S. Supreme Court granted certiorari in the case and agreed to decide whether disparate impact claims are permissible under the Fair Housing Act.
According to a Politico report, the Township of Mount Holly has hired Washington, D.C.… Continue Reading
Settlement discussions underway in Mt. Holly
Since the petition for certiorari in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. was filed last year, we have raised the possibility that, even if the Supreme Court granted certiorari, the case might settle before the Court had a chance to rule on the merits, like City of St.… Continue Reading