sullivan little hunting park argued october decided december little hunting park virginia nonstock corporation operating playground facilities community park residents area fairfax county virginia membership share entitles shareholder family use facilities bylaws rents house may assign share tenant subject approval board directors facilities open white persons geographic area petitioner sullivan owned lived house area leased petitioner freeman another house sullivan owned therein assigned freeman membership share board refused approval assignment freeman negro thereafter expelled sullivan corporation protesting action petitioners sued injunctive relief monetary damages trial concluding little hunting park private social club dismissed complaints appeals virginia denied appeals ground perfected provided law opposing counsel given reasonable notice opportunity required procedural rule examine correct transcripts opposing counsel given three days notice purpose complained period unreasonable granted certiorari vacated judgments remanded case appeals consideration light jones mayer rejected appeals basis previous position lacked jurisdiction petitioners failure comply procedural rule granted certiorari freeman longer resides area served little hunting park claim confined damages held notice rule discretionary jurisdictional consistently applied virginia highest deprive jurisdiction entertain federal claim presented bar review case certiorari pp petitioner sullivan membership share little hunting park clearly private social club integral part lease respondents racially discriminatory refusal approve assignment freeman constituted violation cf jones mayer supra right lease protected provision action third parties well action lessor pp sullivan standing maintain action effective adversary freeman behalf barrows jackson public accommodations provision civil rights act affect coverage see jones mayer supra pp state power grant general injunctive relief includes power protect federal right involved petitioners entitled compensatory damages violation rights though damages measured federal standards federal state rules damages may used pp provisions title viii civil rights act enacted long petitioners brought suits foreclose relief allison brown argued cause petitioners briefs peter ames eveleth robert alexander jack greenberg james nabrit iii john charles harris argued cause filed brief respondents briefs amici curiae urging reversal filed solicitor general griswold assistant attorney general leonard louis claiborne peter strauss joseph connolly arnold forster sol rabkin melvin wulf edwin lukas samuel rabinove paul hartman league et al opinion justice douglas announced justice black case involves alleged discrimination negro family use certain community facilities virginia trial dismissed petitioners complaints appeals virginia denied appeals saying perfected manner provided law opposing counsel given reasonable written notice time place tendering transcript reasonable opportunity examine original true copy rule case came granted petition certiorari vacated judgments remanded case appeals consideration light jones mayer remand appeals restated prior position stating jurisdiction cases jurisdiction adhere orders refusing appeals cases brought case second time petition certiorari case counsel petitioners june gave oral notice counsel respondents submitting transcripts trial judge wrote counsel respondents day effect saying submitting transcripts trial judge day filing motions correct asking trial defer signing period allow counsel respondents time consent motions otherwise disposed judge absent chambers june ruled received transcripts june motions correct came hearing june time judge ruled act motions counsel respondents agreed disagreed changes requested examining transcripts june june counsel respondents told counsel petitioners objections corrections entry orders granting motions correct counsel respondents signed proposed orders counsel petitioners prepared proposed orders submitted trial judge june day signed transcripts corrected read cases appeals stated controlling principle following language requirement opposing counsel reasonable opportunity examine transcript sets purpose reasonable notice receipt notice opposing counsel afforded reasonable opportunity examine transcript make objections thereto signed trial judge object reasonable notice attained bacigalupo fleming petitioners counsel urge suggest virginia appeals fashioned novel procedural requirement first time case cf naacp alabama past decisions state refute notion see bacigalupo fleming supra bolin laderberg cook virginia holsum bakeries decisions enable us say virginia consistently applied notice requirement amount power entertain federal claim presented appeals desires see henry mississippi black dissenting rule properly deemed discretionary jurisdictional bar review certiorari ii sullivan freeman sued injunctions monetary damages since freeman longer resides area served little hunting park claim limited solely damages trial denied relief petitioner reverse judgments jones mayer reviewed length legislative history concluded reaches beyond state action operates upon unofficial acts private individuals authorized enabling clause thirteenth amendment said negro citizens north south saw thirteenth amendment promise freedom freedom go come pleasure buy sell please left mere paper guarantee congress powerless assure dollar hands negro purchase thing dollar hands white man least freedom congress empowered secure thirteenth amendment includes freedom buy whatever white man buy right live wherever white man live congress say free man means least much thirteenth amendment made promise nation keep jones mayer complaint charged refusal sell petitioner home black instant case interest conveyed leasehold realty coupled membership share nonprofit company organized offer recreational facilities owners lessees real property residential area material whether membership share considered realty personal property covers section covers right inherit purchase lease sell hold convey real personal property suggestion transfer books corporation freeman share covered verbs suggestion without merit never doubt freeman paid part monthly rental assignment membership share little hunting park transaction clearly fell within lease right lease protected actions third parties well actions immediate lessor respondents actions refusing approve assignment membership share case clearly interference freeman right lease narrow construction language quite inconsistent broad sweeping nature protection meant afforded civil rights act stat derived see turn sullivan expulsion advocacy freeman cause sanction backed state judgment imposed sullivan punished trying vindicate rights minorities protected sanction give impetus perpetuation racial restrictions property said barrows jackson white owner times effective adversary unlawful restrictive covenant terms decision barrows question sullivan standing maintain action noted jones mayer fair housing title civil rights act stat way impaired sanction said adequate dispose suggestion public accommodations provision civil rights act stat way supersedes provisions act hierarchy administrative machinery provided act war survival principles embodied moreover saving clause act respects right based federal law inconsistent act section derived act plainly inconsistent act construed every mode protecting federal right granting immunity long subject federal law johnson held jones mayer although couched declaratory terms provides explicit method enforcement federal power fashion effective equitable remedy federal remedy protection federal right available state empowered grant injunctive relief generally virginia code ann repl finally damages congress created federal jurisdiction damages equitable relief act congress providing protection civil rights reserved jones mayer question damages might appropriately recovered violation like problem bell hood suit brought federal officers alleged violations fourth fifth amendments federal statute terms least provide remedy said federally protected rights invaded rule beginning courts alert adjust remedies grant necessary relief also well settled legal rights invaded federal statute provides general right sue invasion federal courts may use available remedy make good wrong done disregard command statute wrongful act results damage one class whose especial benefit statute enacted right recover damages party default implied jurisdiction civil matters conferred district courts provisions chapter title protection persons civil rights vindication shall exercised enforced conformity laws far laws suitable carry effect cases adapted object deficient provisions necessary furnish suitable remedies punish offenses law common law modified changed constitution statutes state wherein jurisdiction civil criminal cause held far inconsistent constitution laws shall extended govern said courts trial disposition cause suggested party dissent relief await proceedings fair housing provisions title viii civil rights act stat et seq supp iv petitioners suits commenced march two years act passed irresponsible judicial administration dismiss suit intervening act possible application events long preceding enactment reversed footnotes bolin laderberg appellants counsel delivered transcript appellees counsel november transcript tendered trial judge november signed december appellees moved dismiss appeal ground given reasonable notice opportunity rule stated motion overruled ground rule provides signature judge without deemed certification counsel required notice opportunity transcript authentic noted judge signature appears transcript without therefore certification counsel appellees required notice tendering transcript required opportunity examine cook virginia holsum bakeries notice transcript tendered trial judge october given counsel appellee october appellant counsel however obtain copy transcript october conference held date counsel parties went transcript agreed certain corrections additions hearing october appellee counsel claimed given reasonable notice opportunity required rule suggested numerous changes trial judge ordered transcript altered reflect changes revised transcript tendered trial judge next day october signed day appeal appellee moved dismiss ground rule requirements satisfied virginia appeals overruled motion stating narrative amended meet suggested changes counsel appellee conceded oral argument us statement signed trial judge correct provides citizens shall right every state territory enjoyed white citizens thereof inherit purchase lease sell hold convey real personal property section act july stat provides remedies provided title shall exclusive means enforcing rights based title nothing title shall preclude individual state local agency asserting right based federal state law inconsistent title including statute ordinance requiring nondiscrimination public establishments accommodations pursuing remedy civil criminal may available vindication enforcement right act fully effective december supp iv even time apply house house sold without services real estate broker without notice described supp iv see supp iv one knows whether new act apply ancient transactions even arose december justice harlan chief justice justice white join dissenting jones mayer decided section statute prohibited private racial discrimination sale real property construction old statute way required language open serious question light statute legislative history seemed unnecessary unwise recently passed yet fully effective fair housing title civil rights act hereafter fair housing law today goes yet beyond jones implying private right damages violations interpreting prohibit community recreation association withholding basis race approval assignment membership transferred incident lease real property deciding white person expelled recreation association advocacy negro cause standing maintain action relief fair housing law become fully effective less three weeks think majority even unwise jones precipitately breathing still life vague congress provided modern statute containing various detailed remedial provisions aimed eliminating racial discrimination housing reason elaborate part ii dismiss writ case improvidently granted provide examples difficulties inevitably encounter continues employ sorts cases examine part iii undiscriminating manner majority deals part ignores complexities involved giving sullivan relief engrafting damage remedy onto case arising state first consider threshold question whether present case adequate state ground bar review virginia appeals earlier remand refused consider federal questions presented found petitioners failed give opposing counsel reasonable written notice time place tendering transcript reasonable opportunity examine original true copy violation rule local rules majority suggests state procedural requirement though novel one fashioned first time case nevertheless consistently applied amount power entertain federal claim majority goes conclude state procedural rule properly deemed discretionary jurisdictional review barred agree majority conclusion adequate state ground shown find unable subscribe majority reasoning appears unclear confusing certain majority means apparent distinction rules deems discretionary deems jurisdictional perhaps majority wishes suggest dismissals petitioners writs error appeals simply ad hoc discretionary refusals accept plenary review lower decisions analogous denial certiorari virginia appeals done review federal question properly raised course barred mere discretionary refusal highest state grant review lower decision provide adequate state ground circumstances decision lower rather order highest refusing review becomes judgment highest state decision purposes jurisdictional statute case clearly present kind discretionary refusal state appellate accept review although virginia appeals may well discretion refuse review particular case without giving reasons reconciling refusal earlier decisions dismissal simply ad hoc exercise power review every case presented instead state dismissed petitions review stated reason namely lack jurisdiction entertain appeals failure counsel sullivans freemans meet requirements rule state appellate refusal consider merits case based failure conform state rule practice review barred unless able find application state rule practice case hand constitute adequate state ground quite irrespective whether state appellate power refuse review reason majority might another meaning mind describes state procedural rule discretionary may suggesting reasonable written notice reasonable opportunity examine flexible standards virginia appeals discretion decide close case either two ways without creating obvious conflict earlier decisions majority means discretionary rule must register disagreement kind discretion nothing judicial formulation law obligation reasonably consistent explain decision including reason according different treatment instant case surely state ground less adequate simply involves standard requires judgment reasonable result may turn close analysis facts particular case light competing policy considerations although majority loose use word discretionary may suggest decision made pursuant broad standard provide adequate state ground think examination earlier opinions virginia appeals several cited majority provides proper foundation result reached majority principle naacp alabama finding virginia appeals violation rule case view based standard reasonableness much stricter fairly extracted earlier virginia cases applying rule predecessor statute words although rule may novel standard implicitly governing rule application facts think fair conclude light earlier decisions principle set forth bacigalupo fleming petitioners might justifiably thought review appeals barred rule notwithstanding snead commonwealth one case cited virginia relied respondent yet somehow ignored majority ovelty procedural requirements permitted thwart review applied justified reliance upon prior decisions seek vindication state courts federal rights naacp alabama conclude decision rest adequate state ground ii petitioners complain discrimination provision recreation facilities ancillary rented house found one four subdivisions served little hunting park one hand fair housing law provision explicitly makes unlawful discriminate person terms conditions privileges rental housing provisions services facilities connection therewith race color supp iv emphasis added contrast majority jones noted deal specifically discrimination provision services facilities connection sale rental dwelling attempting deal problem discrimination provision recreational facilities forced context vague statute decide transactions involve property purposes majority material whether membership share little hunting park considered realty personal property covers examination opinion show majority failed explain membership share either real personal property purposes majority complete failure articulate standards deciding property within meaning fair indication great difficulties courts inevitably confront used remedy racial discrimination housing lurking background grave constitutional issues extended far types private discrimination fail provide standards types transactions discrimination unlawful also contains provisions enforcement either public private give construction statute effect imply remedies congress explicitly provided injunctive relief jones right damages see part iii infra remedies expressly provided fair housing law variety techniques enforcing prohibition housing discrimination stands sharp contrast first injured party complain secretary housing urban development empowered investigate complaints use informal methods conference conciliation persuasion secure compliance law secretary efforts prove unavailing complainant go alternative going first hud appears person may go directly enforce rights fair housing law expressly provides wide variety relief including restraining orders injunctions compensatory damages punitive damages furthermore act allows appoint counsel waive fees indigent plaintiffs award costs certain cases counsel fees successful plaintiff addition actions initiated private parties attorney general empowered bring civil actions preventive civil relief criminal actions punish force threat force willfully interfere intimidate wish exercise aid others exercise rights fair housing law given comprehensive contemporary statute limitations yet even established believe decide case instead dismiss writ certiorari improvidently granted certiorari jurisdiction exercised simply benefit particular litigants rice sioux city cemetery instead settlement issues importance public distinguished parties layne bowler western well works even perspective parties case lost much practical importance due fact freeman work taken family away area served little hunting park thereby making moot original claim injunctive relief fundamentally think jones existence fair housing law renders decision case little importance public although act cover particular case negro future rent house denied access ancillary recreational facilities account race likelihood secure relief provisions fair housing law iii relief sullivan majority opinion highly elliptical circumstances surrounding sullivan expulsion little hunting park relief sullivan sought state decision trial necessary begin analysis simply stating facts aspects case full examination record reveals first necessity remand majority premises also makes apparent majority failure provide guidance legal standards govern sullivan right recovery remand awareness complexity issues relevant sullivan right redress suggests think appropriateness discretionary denial review circumstances sullivan expulsion board little hunting park refused approve assignment membership share sullivan freeman sullivan attempted convince board reverse decision end sullivan first met members board protested actions subsequently mobilized campaign members club persons community whole force board reconsider decision means used campaign brief petitioner sullivan acknowledges included phone calls members board letters local clergy circulation among members little hunting park petition called meeting full membership consider freeman case july sullivan received letter board stated determined due cause warrant hearing order determine whether sullivan expelled little hunting park pursuant bylaws conduct inimicable corporation members letter referred sullivan board decision assignment membership tenant along continued harassment board members basis board due cause determination board subsequently provided detailed specification charges sullivan included inter alia allegations sullivan instigated campaign board members harassed unfriendly phone calls accusing bigotry used abusive language phone call president board written letters local clergy including minister church employed president little hunting park accusing board members participation real moral evil used violent abusive language members little hunting park refused sign petition hearing charges board expelled sullivan tendered current market value two membership shares held response actions sullivan brought suit circuit fairfax county virginia little hunting park board seeking relief order compelling little hunting park reinstate membership monetary damages amount injunction requiring board approve assignment freeman forbidding board use race factor considering membership trial hearing disputed evidence reasons sullivan expulsion found defendants stated scope review board actions limited little hunting park private social club went find board acted within powers conferred expelling sullivan ample evidence justify board conclusion complainant acts inimicable corporation members corporation statement record mind several observations must made majority treatment sullivan rights first stating sullivan expulsion advocacy freeman cause majority surely taken resolved disputed testimony decided facts underlying sullivan expulsion facts relevant sullivan remedial rights surely must remand detailed findings seems unavoidable majority premises second majority explained legal standard determine sullivan rights majority simply sullivan standing maintain action without even acknowledging standard essential case ultimately decided one imagine variety standards based different legal conclusions rights duties created different remedial consequences example give sullivan right relief injuries resulting little hunting park interference statutory duty freeman sullivan duty freeman unless read impose duty sullivan protest freeman exclusion entitled reinstatement standard board expelled simple act assigning share freeman alternative sullivan might thought entitled relief injuries flowed board violation duty freeman standard might suggest sullivan entitled damages resulted little hunting park initial refusal accept assignment freeman reinstatement think gives sullivan right relief injuries result legitimate protest aimed convincing board accept freeman protest activities legitimate extreme standard give sullivan relief injuries result actions took protest board initial refusal irrespective sullivan means protest standard require reinstatement irrespective disputed facts standard mean gave sullivan right regain membership even board expelled using intemperate abusive threats means protesting freeman exclusion state remedies federal rights case arises state presents special problems majority overlooks suggests undesirability deciding case context ancient statute deciding right recover damages case majority overlooks complications involved dint fact state asked provide remedy federal right bottomed federal statute remedial provisions implied remedies federal rights sometimes solely matter federal law times dependent either wholly partially upon state law difficult complex questions involved determining remedies state must must provide cases involving federal rights noted majority opinion though perhaps deciding little adds confusion already existing area section title majority apparently thinks decides case concerned remedial powers federal district courts provides federal courts shall look state law find appropriate remedies applicable federal civil rights law deficient provisions necessary furnish suitable remedies majority turns provision head suggesting creates federal remedy apart state law remedial provisions civil rights statute like deficient somehow imposes federal remedy says anything relevant case suggests cases appropriate cure remedial deficiencies federal civil rights statute implication done looking state law see remedies consistent federal policies available reason considerations many hardly foreseen time certiorari granted dismiss writ case improvidently granted dissenting opinion dissenting opinion see casper jones mayer clio bemused confused muse sup rev term harv rev civil rights act tit viii et seq supp iv third final stage expansion coverage fair housing law takes effect december see supp iv see majority opinion ante text rule see pipe line calvert appears plenary review virginia appeals matter right many kinds cases see code ann repl vol const see hammerstein superior chesapeake ohio mcdonald newman gates sandalow henry mississippi adequate state ground proposals revised doctrine sup rev see discussion justice black dissent henry mississippi cited majority williams georgia cited majority view support reasoning majority think result williams rests upon determination inconsistency application state procedural requirements new trial see bolin laderberg cook virginia holsum bakeries taylor wood bacigalupo fleming stokely owens grimes crouch seen passage quoted majority see ante bacigalupo interpreted rule requiring opposing counsel must reasonable opportunity examine transcript receives notice based examination opposing counsel must reasonable opportunity make objections accuracy transcript transcript signed trial judge case opposing counsel received notice telephone friday june letter following monday opportunity examine transcript consisted time monday friday transcript available judge chambers time friday june monday actually possession copy transcript argument length time per se reasonable opportunity belied cook virginia holsum bakeries supra opposing counsel received copy narrative two days trial judge signed virginia appeals found violation rule snead virginia appeals said important time given opposing counsel reasonable opportunity analyze statements characterized defendant counsel confusing entire testimony material witness left narrative statement presented trial judge necessary insert opinion notice delivered commonwealth attorney residence office hours thirty minutes tendering narrative statement evidence trial judge signature constitute reasonable notice within plain meaning rule terms rule mandatory jurisdictional case far different snead significant respects first snead confronted transcript instead narrative narrative admission appellant counsel confusing nature character case hand record fails show counsel respondent made objection trial judge adequacy notice accuracy transcript see taylor wood supra stokely owens supra furthermore oral argument counsel respondent point single inaccuracy transcript signed trial judge tr oral arg second snead opposing counsel given hour notice proposed tender judge signature night case although transcript sent judge time opposing counsel received notice notice stated judge asked sign transcript week counsel first opportunity examine respondent suggests rule requires opposing counsel notice opportunity examine transcript transcript given judge rather simply judge signs prior virginia case made aware stated however principle bacigalupo quoted majority suggests key opportunity inspect make objections judge signs transcript see civil rights cases supp iv see fair housing law federal civil rights laws executive orders relating programs department housing urban development dept housing urban development office equal opportunity note discrimination employment housing private enforcement provisions civil rights acts harv rev supp iv see cf bickel foreword passive virtues term harv rev given market price membership share little hunting park apparently ranged time question see government amicus brief freeman compensatory damages probability substantial point next section unresolved factual issues may bar relief sullivan relevant events case took place long fair housing law first went effect april whether fair housing law protect freeman like events take place december part depend upon whether transaction sullivan freeman fall within categories described infra facts appear record exemption found supp iv appear bar recovery addition covering houses owned private individuals houses owned private individual owns three houses fair housing law december covers rental homes rented help real estate broker offered rental written notice advertisement discriminatory see supp iv see petitioners brief see appendix detailed specification charges sullivan given little hunting park part settlement suit brought sullivan enjoin hearing expulsion earlier suit dismissed agreement parties brought sullivan vagueness july letter conduct upon hearing held settlement earlier suit also included stipulation sullivan little hunting park future lawsuits respondents claimed barred sullivan suit us aspect stipulation noted passed trial judge barrows jackson upon majority appears place heavy reliance gives guidance extent state obliged allow white person recover affirmatively either damages relief transferred real estate interest negro barrows held damages awarded white defendant sued breach racially restrictive covenant see case borak see ward love county tungus skovgaard testa katt state obligated give treble damages required federal statute violation emergency price control act see avco aero lodge decide whether remedies available state suit enjoin strike limited remedies available federal law see hart wechsler federal courts federal system greene hybrid state law federal courts harv rev majority penultimate paragraph appears decide whether rule damages drawn federal state sources