Skip to main content
Find a Lawyer

United States Eighth Circuit


Gallagher v. Magner, 09-1209

In consolidated actions by several owners and former owners of rental properties in St. Paul, Minnesota, challenging the City of St. Paul's enforcement of its housing code, summary judgment for defendants is affirmed in part where: 1) plaintiffs did not assert a claim under the McDonnell Douglas framework; 2) plaintiffs were not exercising a right under the Fair Housing Act by leasing to racial minorities; and 3) plaintiffs failed to reference a particular section of the St. Paul Code, let alone analyze why that section was vague. However, the order is reversed in part where the city's aggressive enforcement of the Housing Code resulted in a disproportionate adverse effect on racial minorities, particularly African-Americans.

Appellate Information

  • Decided 09/01/2010
  • Published 09/01/2010

Judges

  • Michael J. Melloy

Court

  • United States Eighth Circuit

Counsel

Copied to clipboard