United States Fifth Circuit

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Artisan/Am. Corp. v. City of Alvin, 09-20174

In an action alleging that defendant-city's denial of a permit for plaintiff to construct a low-income housing project was motivated by racial animus and that it had a discriminatory impact on racial minorities, summary judgment for defendant is affirmed where: 1) there was no evidence that the resolutions passed by the city council constituted departures from the city's normal policy and procedure; 2) the city's interpretation of its own ordinance was not unreasonable; and 3) plaintiffs failed to raise a fact question as to whether the city's actions caused a significant discriminatory effect.

Appellate Information

  • Decided 11/13/2009
  • Published 11/13/2009

Judges

  • PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM and STEWART, Circuit Judges, and FELDMAN, District Judge.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • H. Miles Cohn (argued), Sheiness, Scott, Grossman & Cohn, Houston, TX, for Plaintiffs-Appellants.

  • For Appellees:
  • John J. Hightower (argued), Olson & Olson, L.L.P., Houston, TX, for Defendant-Appellee.