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

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

As we reported, there are signs that a settlement may be reached in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. before the U.S. Supreme Court has a chance to hear the case.  On July 3, the Court granted the extensions in the merits briefing schedule requested by the Township’s attorney, whose letter to the Court indicated that the extensions were sought “because the parties are currently engaged in settlement discussions to attempt to resolve the matter.” … Continue Reading

Second time’s the charm?  For the second time in less than two years, the U.S. Supreme Court granted certiorari today in a case that presents the question whether plaintiffs suing under the Fair Housing Act  (FHA) may bring disparate impact claims.  

Today’s grant of certiorari was in Mount Holly v. Mount Holly Gardens Citizens in Action, Inc.Continue Reading

The Township of Mount Holly and other petitioners for certiorari in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. filed a brief on May 24, 2013 in the U.S. Supreme Court replying to the brief filed by the Solicitor General.  On May 17, the Solicitor General, having been invited to do so by the court, filed a brief expressing the views of the United States on whether the court should grant the petition for certiorari. … Continue Reading

Last week, the Solicitor General finally filed his brief expressing the views of the United States on whether the U.S. Supreme Court should grant the petition for certiorari pending in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc.  (The Supreme Court invited the Solicitor General to file the brief in October 2012.) … Continue Reading

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.… Continue Reading