U. S. District Court Western District of Texas - Austin Division, No. A05CA979.
This case challenges certain municipal zoning ordinances enacted by the City of Kyle, Texas that have a disparate impact on minorities seeking to purchase single-family homes within the City. Under the subject ordinances, the price of entry level homes increased from $100,000 to $138,000. As a result, a disproportionate percentage of African-Americans and Hispanics from surrounding areas can no longer afford to purchase entry level homes.
On February 15, 2006, the NAACP and the National Association of Home Builders (NAHB) filed their opposition to the City of Kyle's motion to dismiss. The City's motion contests the plaintiffs' standing to bring the claim. On June 16, 2006, United States Magistrate Judge Andrew W. Austin concluded that the facts alleged in the Complaint are sufficient to withstand the Motion to Dismiss. The Honorable Judge Austin recommended that the District Court deny Defendant's Motion to Dismiss for lack of standing and that Plaintiffs be granted leave, if sought, to file an Amended Complaint.
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