City of Cuyahoga Falls v. Buckeye Community Hope
Buckeye Community Hope Foundation (Buckeye) is a not-for profit corporation that develops affordable housing through the use of low-income housing tax credits. In 1995, Buckeye purchased land in the City of Cuyahoga Falls, Ohio, with the intent of developing a low-income housing complex. The site plan was approved by the city council in 1996, but thereafter was stayed pending a voter’s referendum seeking to overturn the approval of the plan. The referendum was later ruled to be in violation of the state constitution. Buckeye brought a civil rights action against the City of Cuyahoga Falls, alleging that the City's decision to allow the referendum to stay the effectiveness of the site plan violated its federal constitutional and statutory rights. The district court granted summary judgment, dismissing Buckeye’s equal protection, substantive due process, and Fair Housing Act (FHA) claims. The court of appeals reversed, holding that there were genuine issues of material fact with regard to all three claims.
Questions Presented:
1. In considering a claim against a municipal corporation for intentional discrimination arising out of a facially neutral and judicially upheld referendum petition, may the court inquire into the
motivations of a handful of the citizens who expressed support for the referendum and impute those motivations to the entire municipal corporation?
2. In light of the constitutional freedom of political expression, can a disparate impact claim under the FHA be maintained against a municipal corporation for the alleged impact of the filing of a
facially neutral and judicially upheld referendum petition?
3. Does the due process clause of the constitution require a municipal corporation to issue building permits when the underlying conditions for the issuance of building permits have not been met
and the municipal corporation's withholding of the permits is required by the judgments of state courts of competent jurisdiction?
