U.S. Fifth Circuit - The FindLaw 5th Circuit Court of Appeals Opinion Summaries Blog

NAACP v. Kyle, Texas, No. 09-50352

Fair Housing Act Action

In NAACP v. Kyle, Texas, No. 09-50352, a Fair Housing Act action seeking to enjoin a city's changes to its zoning and subdivision ordinances governing new single-family residences, the court affirmed judgment for defendant where plaintiffs did not have standing under either an associational or organizational theory.

As the court wrote:  "This appeal presents two standing issues: (1) whether the National
Association for the Advancement of Colored People, the Texas State Conference of NAACP Branches, and the Austin Branch of the NAACP (collectively, "NAACP") has associational standing; and (2) whether the Home Builders Association of Greater Austin ("HBA") and the National Association of Home Builders (collectively, "Builders Associations") have organizational standing. Neither have standing."

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