Tuesday, September 30th, 2014

City Of Yuma Prevails In Zoning Density Case

city-of-yumaThe City of Yuma was granted summary judgment in U.S. District Court in a long-running case that followed a City Council vote in 2008 to deny a change in residential zoning to a higher density. 



The plaintiffs, Avenue Six-E Investments, had argued that refusal to rezone the 42-acre parcel of undeveloped land to a density more suitable for constructing a larger amount of affordable and moderately priced homes constituted discriminatory intent and disparate impact under the federal Fair Housing Act.  



U.S. District Judge John W. Sedwick found no evidence of discriminatory intent and no disparate impact, noting approximately 50 similarly priced and sized models were available for sale near the parcel at the time of the rezoning denial.

 

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