NAACP Inc. v. Summit County

No. 2:05cv378 (D. Utah filed April 25, 2005) ; Clearinghouse Number: 55915

Description

Utah County Faces Class Action Suit on Zoning Policies Allegedly Excluding Moderately Priced, Disabled-Accessible, and Multifamily Housing Developments

Abstract

NAACP, Disabled Rights Action Committee, Utah Coalition of La Raza, property developers, property owners and other individuals, in a proposed class action, are suing Summit County, Utah, two planning commissions, and other officials because their exclusionary zoning and housing policies allegedly violate plaintiffs’ due process and equal protection rights under the U.S. Constitution and violate the Fair Housing Act (42 U.S.C. §§ 3601 et seq. (2000)) and Utah law, including the Utah Moderate Income Housing Act. Plaintiffs contend that defendants’ land-use, zoning, and housing polices and practices exclude minorities, persons of moderate income, the disabled, senior citizens, and persons receiving government benefits from living in the nondiverse Snyderville Basin area of Summit County. Plaintiffs allege that defendants have failed to enact a valid “moderate incoming housing plan” as required by the Utah Moderate Income Housing Act. Plaintiff buyers have been prevented from buying moderately priced, accessible housing, while plaintiff property owners and developers have been prevented from developing land with moderately priced, accessible housing in the Snyderville Basin area. Defendants’ policies, on their face or as applied, severely restrict multiple-family dwellings, require low-density development and single-family use and have a disparate and discriminatory impact, plaintiffs argue. Plaintiffs seek injunctive, declaratory, and equitable relief, including requiring the encouragement of moderately priced housing developments and disabled-accessible housing. They also seek compensatory and punitive damages and costs and attorney fees.

Additional Information

Attorney Information
Dennis Courtland, National Association for the Advancement of Colored People, 4805 Mt. Hope Dr., Baltimore, Md 21215 (410.580.5799)
Docket Date
2005-04-25 00:00:00+00:00

Files

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