DESCRIPTION FORECASTS CASES DATA MANUSCRIPTS   CONTRIBUTORS

Cuyahoga Falls v. Buckeye Community Hope Foundation January 21, 2003 (01-1269) return to case listing Case Summary Respondents, non-profit developers, purchased property with plans to develop a low-income housing complex. The City Council approved the plans despite protests from residents of the area. After the protesting residents successfully circulated a petition to subject the plan to a voter referendum, City officials refused to issue a building permit. Respondents brought suit in state court to enjoin the referendum process under Ohio law. While the state suit was pending, Respondents brought suit in federal court under the Equal Protection Clause, the Fair Housing Act, and the Due Process Clause. The federal district court granted the City defendants' motion for summary judgment and dismissed the suit. The U.S. Court of Appeals for the Sixth Circuit reversed and held that Respondents raised genuine issues of material fact as to whether the City gave effect to racial bias by allowing the referendum to stay the development, whether the City's actions had an unlawful disparate racial impact, and whether the City's actions were arbitrary and capricious. The opinion of the Sixth Circuit is found at 263 F.3d 627. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 8-1 to Reverse 5-4 to Reverse 7-2 to Reverse n/a 9-0 to Reverse VOTING TO REVERSE Rehnquist O'Connor Scalia Kennedy Souter,Thomas Ginsburg Breyer Rehnquist O'Connor Scalia Kennedy Thomas Rehnquist O'Connor Scalia Kennedy Thomas Ginsburg Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer VOTING TO AFFIRM Stevens Stevens Souter Ginsburg Breyer Stevens Souter   return to case listing