warth
seldin
argued
march
decided
june
action
declaratory
injunctive
relief
damages
brought
certain
petitioners
respondent
town
penfield
suburb
rochester
respondent
members
penfield
zoning
planning
town
boards
claiming
town
zoning
ordinance
terms
enforced
effectively
excluded
persons
low
moderate
income
living
town
violation
petitioners
constitutional
rights
petitioners
consist
original
plaintiffs
rochester
corporation
among
whose
purposes
fostering
action
alleviate
housing
shortage
persons
rochester
area
several
individual
rochester
taxpayers
several
rochester
area
residents
low
moderate
incomes
also
members
minority
racial
ethnic
groups
rochester
home
builders
association
home
builders
embracing
number
residential
construction
firms
rochester
area
unsuccessfully
sought
intervene
housing
council
monroe
county
area
housing
council
corporation
consisting
number
organizations
interested
housing
problems
unsuccessfully
sought
added
district
dismissed
complaint
ground
inter
alia
petitioners
lacked
standing
prosecute
action
appeals
affirmed
held
whether
rules
standing
considered
aspects
constitutional
requirement
plaintiff
must
make
case
controversy
within
meaning
art
iii
apart
requirement
prudential
limitations
courts
role
resolving
disputes
involving
generalized
grievances
third
parties
legal
rights
interests
none
petitioners
met
threshold
requirement
rules
standing
complainant
must
clearly
allege
facts
demonstrating
proper
party
invoke
judicial
resolution
dispute
exercise
remedial
powers
pp
petitioner
rochester
residents
assert
standing
persons
low
moderate
income
coincidentally
members
minority
racial
ethnic
groups
facts
alleged
fail
support
actionable
causal
relationship
penfield
zoning
practices
petitioners
alleged
injury
plaintiff
seeks
challenge
exclusionary
zoning
practices
must
allege
specific
concrete
facts
demonstrating
practices
harm
personally
benefit
tangible
way
intervention
petitioners
rely
little
remote
possibility
unsubstantiated
allegations
fact
situation
might
better
respondents
acted
otherwise
might
improve
afford
relief
pp
respect
petitioners
assert
standing
basis
status
rochester
taxpayers
claiming
suffering
economic
injury
increased
taxes
resulting
penfield
zoning
practices
forced
rochester
provide
housing
otherwise
done
line
causation
penfield
actions
injury
apparent
even
assuming
petitioners
establish
zoning
practices
harm
basis
claim
practices
violate
constitutional
statutory
rights
third
parties
persons
low
moderate
income
allegedly
excluded
penfield
hence
claim
falls
squarely
within
prudential
standing
rule
normally
bars
litigants
asserting
rights
legal
interests
others
order
obtain
relief
injury
pp
petitioner
claims
standing
rochester
taxpayer
behalf
members
rochester
taxpayers
persons
low
moderate
income
precluded
reasons
applying
denial
standing
individual
petitioner
rochester
taxpayers
persons
low
moderate
income
addition
respect
claim
standing
membership
composed
penfield
residents
prudential
considerations
strongly
counsel
according
residents
standing
complaint
harmed
indirectly
exclusion
others
thus
attempting
absence
showing
exception
allowing
claim
raise
putative
rights
third
parties
trafficante
metropolitan
life
distinguished
pp
petitioner
home
builders
alleges
monetary
injury
standing
claim
damages
behalf
members
since
whatever
injury
may
suffered
peculiar
individual
member
concerned
thus
requiring
individualized
proof
fact
extent
injury
individual
awards
home
builders
standing
claim
prospective
relief
absent
allegation
facts
sufficient
show
existence
injury
members
sufficient
immediacy
ripeness
warrant
judicial
intervention
pp
petitioner
housing
council
standing
complaint
record
indicate
members
one
exception
made
effort
involving
penfield
taken
steps
toward
building
dealings
respondents
respect
one
exception
petitioner
averred
basis
inferring
earlier
controversy
respondents
remained
live
concrete
dispute
pp
powell
delivered
opinion
burger
stewart
blackmun
rehnquist
joined
douglas
filed
dissenting
opinion
post
brennan
filed
dissenting
opinion
white
marshall
joined
post
emmelyn
argued
cause
petitioners
briefs
sanford
liebschutz
michael
nelson
james
hartman
argued
cause
respondents
brief
douglas
gates
william
ernstrom
luther
nadler
briefs
amici
curiae
urging
reversal
filed
jack
greenberg
james
nabrit
iii
charles
stephen
ralston
norman
chachkin
legal
defense
educational
fund
martin
sloane
arthur
wolf
national
committee
discrimination
housing
harold
flannery
paul
dimond
william
caldwell
lawyers
committee
civil
rights
law
david
moskowitz
filed
brief
regional
housing
legal
services
amicus
curiae
justice
powell
delivered
opinion
petitioners
various
organizations
individuals
resident
rochester
metropolitan
area
brought
action
district
western
district
new
york
town
penfield
incorporated
municipality
adjacent
rochester
members
penfield
zoning
planning
town
boards
petitioners
claimed
town
zoning
ordinance
terms
enforced
defendant
board
members
respondents
effectively
excluded
persons
low
moderate
income
living
town
contravention
petitioners
first
ninth
fourteenth
amendment
rights
violation
district
dismissed
complaint
denied
motion
add
petitioner
housing
council
monroe
county
area
also
motion
petitioner
rochester
home
builders
association
leave
intervene
appeals
second
circuit
affirmed
holding
none
plaintiffs
neither
housing
council
home
builders
association
standing
prosecute
action
granted
petition
certiorari
reasons
differ
certain
respects
upon
appeals
relied
affirm
petitioners
rochester
eight
individual
plaintiffs
behalf
persons
similarly
situated
filed
action
january
averring
jurisdiction
district
complaint
identified
new
york
corporation
purposes
alert
ordinary
citizens
problems
social
concern
inquire
reasons
critical
housing
shortage
low
moderate
income
persons
rochester
area
urge
action
part
citizens
alleviate
general
housing
shortage
low
moderate
income
persons
plaintiffs
vinkey
reichert
warth
harris
described
residents
city
rochester
owned
real
property
paid
property
taxes
city
plaintiff
ortiz
citizen
rican
extraction
app
also
owned
real
property
paid
taxes
rochester
ortiz
however
resided
wayland
miles
penfield
employed
complaint
described
plaintiffs
broadnax
reyes
sinkler
residents
rochester
persons
fitting
within
classification
low
moderate
income
hereinafter
defined
ibid
although
complaint
expressly
state
record
shows
broadnax
reyes
sinkler
members
ethnic
racial
minority
groups
reyes
puerto
rican
ancestry
broadnax
sinkler
negroes
petitioners
complaint
alleged
penfield
zoning
ordinance
adopted
purpose
effect
excluding
persons
low
moderate
income
residing
town
particular
ordinance
allocates
town
vacant
land
detached
housing
allegedly
imposing
unreasonable
requirements
relating
lot
size
setback
floor
area
habitable
space
ordinance
increases
cost
detached
housing
beyond
means
persons
low
moderate
income
moreover
according
petitioners
land
available
residential
construction
allocated
multifamily
structures
apartments
townhouses
like
even
limited
space
housing
persons
economically
feasible
low
density
requirements
petitioners
also
alleged
furtherance
policy
exclusionary
zoning
defendant
members
penfield
town
zoning
planning
boards
acted
arbitrary
discriminatory
manner
delayed
action
proposals
housing
inordinate
periods
time
denied
proposals
arbitrary
insubstantial
reasons
refused
grant
necessary
variances
permits
allow
tax
abatements
failed
provide
necessary
support
services
housing
projects
amended
ordinance
make
approval
projects
virtually
impossible
sum
petitioners
alleged
violation
rights
privileges
immunities
secured
constitution
laws
town
officials
made
practically
economically
impossible
construction
sufficient
numbers
low
moderate
income
housing
town
penfield
satisfy
minimum
housing
requirements
town
penfield
metropolitan
rochester
area
petitioners
alleged
moreover
precluding
housing
town
zoning
practices
also
effect
excluding
persons
minority
racial
ethnic
groups
since
persons
low
moderate
incomes
petitioners
alleged
certain
harm
rochester
property
owners
taxpayers
vinkey
reichert
warth
harris
ortiz
claimed
penfield
exclusionary
practices
city
rochester
forced
impose
higher
tax
rates
others
similarly
situated
otherwise
necessary
minority
plaintiffs
ortiz
broadnax
reyes
sinkler
claimed
penfield
zoning
practices
prevented
acquiring
lease
purchase
residential
property
town
thus
forced
families
reside
less
attractive
environments
relieve
various
harms
petitioners
asked
district
declare
penfield
ordinance
unconstitutional
enjoin
defendants
enforcing
ordinance
order
defendants
enact
administer
new
ordinance
designed
alleviate
effects
past
actions
award
actual
exemplary
damages
may
petitioner
rochester
home
builders
association
association
firms
engaged
residential
construction
rochester
metropolitan
area
moved
district
leave
intervene
essence
home
builders
intervenor
complaint
repeated
allegations
exclusionary
zoning
practices
made
original
plaintiffs
claimed
practices
arbitrarily
capriciously
prevented
member
firms
building
housing
penfield
thereby
deprived
potential
profits
home
builders
prayed
equitable
relief
identical
substance
requested
original
plaintiffs
also
damages
june
original
plaintiffs
moved
join
petitioner
housing
council
monroe
country
area
party
plaintiff
housing
council
new
york
corporation
membership
comprising
public
private
organizations
interested
housing
problems
affidavit
accompanying
motion
stated
housing
council
member
groups
hoped
involved
development
housing
one
members
penfield
better
homes
actively
attempting
develop
moderate
income
housing
penfield
stymied
inability
secure
necessary
approvals
upon
consideration
complaints
extensive
supportive
materials
submitted
petitioners
district
held
original
plaintiffs
home
builders
housing
council
lacked
standing
prosecute
action
original
complaint
failed
state
claim
upon
relief
granted
suit
proceed
class
action
exercise
discretion
home
builders
permitted
intervene
accordingly
denied
motion
add
housing
council
denied
home
builders
motion
intervene
dismissed
complaint
appeals
affirmed
reaching
standing
questions
ii
address
first
principles
standing
relevant
claims
asserted
several
categories
petitioners
case
essence
question
standing
whether
litigant
entitled
decide
merits
dispute
particular
issues
inquiry
involves
constitutional
limitations
jurisdiction
prudential
limitations
exercise
barrows
jackson
dimensions
founded
concern
proper
properly
limited
role
courts
democratic
society
see
schlesinger
reservists
stop
war
richardson
powell
concurring
constitutional
dimension
standing
imports
justiciability
whether
plaintiff
made
case
controversy
defendant
within
meaning
art
iii
threshold
question
every
federal
case
determining
power
entertain
suit
aspect
justiciability
standing
question
whether
plaintiff
alleged
personal
stake
outcome
controversy
warrant
invocation
jurisdiction
justify
exercise
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powers
behalf
baker
carr
art
iii
judicial
power
exists
redress
otherwise
protect
injury
complaining
party
even
though
judgment
may
benefit
others
collaterally
federal
jurisdiction
therefore
invoked
plaintiff
suffered
threatened
actual
injury
resulting
putatively
illegal
action
linda
richard
see
data
processing
service
camp
apart
minimum
constitutional
mandate
recognized
limits
class
persons
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decisional
remedial
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first
held
asserted
harm
generalized
grievance
shared
substantially
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measure
large
class
citizens
harm
alone
normally
warrant
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jurisdiction
schlesinger
reservists
stop
war
supra
richardson
supra
ex
parte
levitt
second
even
plaintiff
alleged
injury
sufficient
meet
case
controversy
requirement
held
plaintiff
generally
must
assert
legal
rights
interests
rest
claim
relief
legal
rights
interests
third
parties
tileston
ullman
see
raines
barrows
jackson
supra
without
limitations
closely
related
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concerns
essentially
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decide
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public
significance
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competent
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even
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intervention
may
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protect
individual
rights
see
schlesinger
reservists
stop
war
although
standing
way
depends
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particular
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linda
richard
supra
sierra
club
morton
moreover
source
plaintiff
claim
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critical
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iii
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resolving
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disputes
essentially
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cases
whether
constitutional
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claim
rests
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granting
persons
plaintiff
position
right
judicial
relief
circumstances
countervailing
considerations
may
outweigh
concerns
underlying
usual
reluctance
exert
judicial
power
plaintiff
claim
relief
rests
legal
rights
third
parties
see
raines
instances
found
effect
constitutional
statutory
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question
implies
right
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plaintiff
see
pierce
society
sisters
sullivan
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hunting
park
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part
iv
infra
moreover
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others
indeed
may
invoke
general
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support
claim
sierra
club
morton
supra
fcc
sanders
radio
station
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dismiss
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complaint
must
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favor
complaining
party
jenkins
mckeithen
time
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trial
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allow
require
plaintiff
supply
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affidavits
particularized
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fact
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standing
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materials
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must
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iii
general
considerations
mind
turn
first
claims
petitioners
ortiz
reyes
sinkler
broadnax
asserts
standing
person
low
moderate
income
coincidentally
member
minority
racial
ethnic
group
must
assume
taking
allegations
complaint
true
penfield
zoning
ordinance
pattern
enforcement
respondent
officials
purpose
effect
excluding
persons
low
moderate
income
many
members
racial
ethnic
minority
groups
also
assume
purposes
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practices
proved
proper
case
adjudged
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statutory
rights
persons
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fact
petitioners
share
attributes
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persons
may
excluded
residence
town
insufficient
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petitioners
excluded
respondents
assertedly
illegal
actions
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rights
petitioners
must
allege
show
personally
injured
injury
suffered
unidentified
members
class
belong
purport
represent
unless
petitioners
thus
demonstrate
requisite
case
controversy
personally
respondents
none
may
seek
relief
behalf
member
class
littleton
see
bailey
patterson
complaint
petitioners
ortiz
reyes
sinkler
broadnax
alleged
conclusory
terms
among
persons
excluded
respondents
actions
none
ever
resided
penfield
claims
least
implicitly
desires
desired
asserts
moreover
made
effort
time
locate
housing
penfield
within
means
adequate
family
needs
claims
efforts
proved
fruitless
may
assume
petitioners
allege
respondents
actions
contributed
perhaps
substantially
cost
housing
penfield
remains
question
whether
petitioners
inability
locate
suitable
housing
penfield
reasonably
said
resulted
concretely
demonstrable
way
respondents
alleged
constitutional
statutory
infractions
petitioners
must
allege
facts
reasonably
inferred
absent
respondents
restrictive
zoning
practices
substantial
probability
able
purchase
lease
penfield
affords
relief
requested
asserted
inability
petitioners
removed
linda
richard
find
record
devoid
necessary
allegations
appeals
noted
none
petitioners
present
interest
penfield
property
none
subject
ordinance
strictures
none
ever
denied
variance
permit
respondent
officials
instead
petitioners
claim
respondents
enforcement
ordinance
third
parties
developers
builders
like
consequence
precluding
construction
housing
suitable
needs
prices
might
able
afford
fact
harm
petitioners
may
resulted
indirectly
preclude
standing
governmental
prohibition
restriction
imposed
one
party
causes
specific
harm
third
party
harm
constitutional
provision
statute
intended
prevent
indirectness
injury
necessarily
deprive
person
harmed
standing
vindicate
rights
roe
wade
may
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requirement
art
iii
establish
fact
asserted
injury
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defendants
actions
prospective
relief
remove
harm
admission
realization
petitioners
desire
live
penfield
always
depended
efforts
willingness
third
parties
build
housing
record
specifically
refers
two
efforts
penfield
better
homes
late
obtain
rezoning
certain
land
penfield
allow
construction
subsidized
cooperative
townhouses
purchased
persons
moderate
income
similar
effort
homes
late
record
devoid
indication
projects
like
projects
satisfied
petitioners
needs
prices
afford
remove
obstructions
attributable
respondents
relief
benefit
petitioners
indeed
petitioners
descriptions
individual
financial
situations
housing
needs
suggest
precisely
contrary
inability
reside
penfield
consequence
economics
area
housing
market
rather
respondents
assertedly
illegal
acts
short
facts
alleged
fail
support
actionable
causal
relationship
penfield
zoning
practices
petitioners
asserted
injury
support
position
petitioners
refer
several
decisions
district
courts
courts
appeals
acknowledging
standing
plaintiffs
challenge
exclusionary
zoning
practices
cases
however
plaintiffs
challenged
zoning
restrictions
applied
particular
projects
supply
housing
within
means
intended
residents
plaintiffs
thus
able
demonstrate
unless
relief
assertedly
illegal
actions
forthcoming
immediate
personal
interests
harmed
petitioners
assert
like
circumstances
instead
rely
little
remote
possibility
unsubstantiated
allegations
fact
situation
might
better
respondents
acted
otherwise
might
improve
afford
relief
hold
plaintiff
seeks
challenge
exclusionary
zoning
practices
must
allege
specific
concrete
facts
demonstrating
challenged
practices
harm
personally
benefit
tangible
way
intervention
absent
necessary
allegations
demonstrable
particularized
injury
confidence
real
need
exercise
power
judicial
review
relief
framed
broader
required
precise
facts
ruling
applied
schlesinger
reservists
stop
war
iv
petitioners
assert
standing
basis
status
taxpayers
city
rochester
present
different
set
problems
claim
suffering
economic
injury
consequent
penfield
allegedly
discriminatory
exclusionary
zoning
practices
argument
brief
penfield
persistent
refusal
allow
facilitate
construction
housing
forces
city
rochester
provide
housing
otherwise
provide
housing
rochester
must
allow
certain
tax
abatements
amount
property
increases
rochester
taxpayers
forced
assume
increased
tax
burden
order
finance
essential
public
services
course
pleadings
must
something
ingenious
academic
exercise
conceivable
scrap
think
complaint
little
exercise
apart
conjectural
nature
asserted
injury
line
causation
penfield
actions
injury
apparent
complaint
whatever
may
occur
penfield
injury
complained
increases
taxation
results
decisions
made
appropriate
rochester
authorities
parties
case
turn
next
standing
problems
presented
petitioner
associations
rochester
one
original
plaintiffs
housing
council
monroe
county
area
original
plaintiffs
sought
join
rochester
home
builders
association
moved
district
leave
intervene
plaintiff
question
association
may
standing
right
seek
judicial
relief
injury
vindicate
whatever
rights
immunities
association
may
enjoy
moreover
attempting
secure
relief
injury
association
may
assert
rights
members
least
long
challenged
infractions
adversely
affect
members
associational
ties
naacp
alabama
supra
committee
mcgrath
jackson
concurring
limited
exception
however
none
associational
petitioners
asserted
injury
even
absence
injury
association
may
standing
solely
representative
members
national
motor
freight
assn
possibility
representational
standing
however
eliminate
attenuate
constitutional
requirement
case
controversy
see
sierra
club
morton
association
must
allege
members
one
suffering
immediate
threatened
injury
result
challenged
action
sort
make
justifiable
case
members
brought
suit
long
established
long
nature
claim
relief
sought
make
individual
participation
injured
party
indispensable
proper
resolution
cause
association
may
appropriate
representative
members
entitled
invoke
jurisdiction
petitioner
claims
standing
behalf
rochester
taxpayer
behalf
members
rochester
taxpayers
persons
low
moderate
income
precluded
holdings
parts
iii
iv
supra
individual
petitioners
require
discussion
also
alleges
however
membership
composed
present
residents
penfield
claims
result
persistent
pattern
exclusionary
zoning
practiced
respondents
consequent
exclusion
persons
low
moderate
income
members
penfield
residents
deprived
benefits
living
racially
ethnically
integrated
community
referring
decision
trafficante
metropolitan
life
ins
argues
deprivation
sufficiently
palpable
injury
satisfy
art
iii
requirement
standing
representative
members
seek
redress
agree
appeals
trafficante
controlling
case
two
residents
apartment
complex
alleged
owner
discriminated
rental
applicants
basis
race
violation
civil
rights
act
stat
claimed
result
discrimination
injured
lost
social
benefits
living
integrated
community
missed
business
professional
advantages
accrued
lived
members
minority
groups
suffered
embarrassment
economic
damage
social
business
professional
activities
stigmatized
residents
white
ghetto
light
clear
congressional
purpose
enacting
act
broad
definition
person
aggrieved
held
petitioners
person
claim
ed
injured
discriminatory
housing
practice
standing
litigate
violations
act
concluded
congress
given
residents
housing
facilities
covered
statute
actionable
right
free
adverse
consequences
racially
discriminatory
practices
directed
immediately
harmful
others
assert
behalf
members
right
action
civil
rights
act
complaint
fairly
read
make
claim
think
lies
critical
distinction
trafficante
situation
observed
congress
may
create
statutory
right
entitlement
alleged
deprivation
confer
standing
sue
even
plaintiff
suffered
judicially
cognizable
injury
absence
statute
linda
richard
citing
trafficante
metropolitan
life
supra
white
concurring
statute
applicable
even
assume
arguendo
apart
form
statutorily
created
right
asserted
harm
penfield
members
sufficiently
direct
personal
satisfy
requirement
art
iii
prudential
considerations
strongly
counsel
according
standing
prosecute
action
understand
argue
penfield
residents
denied
constitutional
rights
affording
cause
action
instead
complaint
harmed
indirectly
exclusion
others
attempt
raise
putative
rights
third
parties
none
exceptions
allow
claims
present
circumstances
conclude
inappropriate
allow
invoke
judicial
process
petitioner
home
builders
asserted
standing
represent
member
firms
engaged
development
construction
residential
housing
rochester
area
including
penfield
home
builders
alleged
penfield
zoning
restrictions
together
refusals
town
officials
grant
variances
permits
construction
housing
deprived
members
substantial
business
opportunities
profits
app
home
builders
claimed
damages
also
joined
original
plaintiffs
prayer
declaratory
injunctive
relief
noted
justify
relief
association
must
show
suffered
harm
one
members
injured
sierra
club
morton
apart
form
whether
association
standing
invoke
remedial
powers
behalf
members
depends
substantial
measure
nature
relief
sought
proper
case
association
seeks
declaration
injunction
form
prospective
relief
reasonably
supposed
remedy
granted
inure
benefit
members
association
actually
injured
indeed
cases
expressly
recognized
standing
associations
represent
members
relief
sought
kind
national
motor
freight
assn
see
data
processing
service
camp
cf
fed
rule
civ
proc
present
case
however
differs
significantly
association
seeks
relief
damages
alleged
injuries
members
home
builders
alleges
monetary
injury
assignment
damages
claims
members
award
therefore
made
association
moreover
circumstances
case
damages
claims
common
entire
membership
shared
equal
degree
contrary
whatever
injury
may
suffered
peculiar
individual
member
concerned
fact
extent
injury
require
individualized
proof
thus
obtain
relief
damages
member
home
builders
claims
injury
result
respondents
practices
must
party
suit
home
builders
standing
claim
damages
behalf
home
builders
prayer
prospective
relief
fails
different
reason
standing
representative
members
alleged
facts
sufficient
make
case
controversy
members
brought
suit
allegations
made
complaint
refers
specific
project
members
currently
precluded
either
ordinance
respondents
action
enforcing
averment
member
applied
respondents
building
permit
variance
respect
current
project
indeed
indication
respondents
delayed
thwarted
project
currently
proposed
home
builders
members
members
taken
advantage
remedial
processes
available
ordinance
short
insofar
complaint
seeks
prospective
relief
home
builders
failed
show
existence
injury
members
sufficient
immediacy
ripeness
warrant
judicial
intervention
see
public
workers
mitchell
maryland
cas
pacific
coal
oil
like
problem
presented
respect
petitioner
housing
council
affidavit
accompanying
motion
join
plaintiff
council
includes
membership
least
seventeen
groups
involved
development
housing
one
exception
complaint
suggest
groups
focused
efforts
penfield
specific
plan
exception
neither
complaint
materials
record
indicate
member
housing
council
taken
step
toward
building
housing
penfield
dealings
nature
respondents
exception
penfield
better
homes
observed
applied
respondents
late
zoning
variance
allow
construction
housing
project
designed
persons
moderate
income
affidavit
support
motion
join
housing
council
refers
specifically
effort
supporting
materials
detail
length
circumstances
surrounding
rejection
better
homes
application
therefore
possible
within
reasonable
time
thereafter
better
homes
possibly
housing
council
representative
standing
seek
review
respondents
action
complaint
however
allege
penfield
better
homes
project
remained
viable
complaint
filed
respondents
actions
continued
block
construction
project
short
neither
complaint
record
supplies
basis
infer
controversy
respondents
better
homes
however
vigorous
may
remained
live
concrete
dispute
complaint
filed
vi
rules
standing
whether
aspects
art
iii
requirement
reflections
prudential
considerations
defining
limiting
role
courts
threshold
determinants
propriety
judicial
intervention
responsibility
complainant
clearly
allege
facts
demonstrating
proper
party
invoke
judicial
resolution
dispute
exercise
remedial
powers
agree
district
appeals
none
petitioners
met
threshold
requirement
accordingly
judgment
appeals
affirmed
footnotes
plaintiff
harris
described
complaint
negro
person
denied
certain
rights
virtue
race
app
find
indication
record
harris
either
desire
intent
live
penfield
suitable
housing
become
available
indeed
petitioners
appear
claim
standing
harris
ground
taxpayer
rochester
see
brief
petitioners
according
ortiz
affidavit
submitted
answer
respondents
motion
dismiss
employed
penfield
may
app
fact
however
complaint
nowhere
defines
term
low
moderate
income
beyond
parenthetical
phrase
without
capital
requirements
purchase
real
estate
addition
inadequacy
definition
record
discloses
wide
variations
income
housing
needs
money
available
housing
among
various
low
moderate
income
plaintiffs
see
part
iii
infra
app
home
builders
also
asked
district
enjoin
defendants
carrying
threatened
retaliation
members
home
builders
joined
litigation
see
bator
mishkin
shapiro
wechsler
hart
wechsler
federal
courts
federal
system
ed
standing
question
thus
bears
close
affinity
questions
ripeness
whether
harm
asserted
matured
sufficiently
warrant
judicial
intervention
mootness
whether
occasion
judicial
intervention
persists
lake
carriers
assn
macmullan
hall
beals
see
committee
mcgrath
frankfurter
concurring
cf
scott
standing
functional
analysis
harv
rev
similar
standing
issue
arises
litigant
asserts
rights
third
parties
defensively
bar
judgment
barrows
jackson
mcgowan
maryland
circumstances
art
iii
standing
problem
prudential
question
governed
considerations
closely
related
question
whether
person
litigant
position
right
action
claim
see
part
iv
infra
petitioner
ortiz
also
alleged
result
exclusion
incur
substantial
commuting
expenses
residence
former
place
employment
penfield
supporting
affidavits
petitioner
recites
length
disadvantages
present
housing
situation
situation
might
improved
residence
penfield
possible
purposes
standing
however
exclusion
critical
importance
since
exclusion
alone
violate
asserted
rights
quite
apart
objective
subjective
disadvantage
may
flow
affidavit
submitted
opposition
respondents
motion
dismiss
petitioner
ortiz
stated
since
job
time
continuing
may
town
penfield
initiated
inquiries
renting
buying
home
town
penfield
however
income
low
moderate
found
apartment
units
large
enough
house
family
wife
seven
children
apartment
units
available
reasonably
priced
even
afford
rent
largest
apartment
unit
reading
ads
rochester
metropolitan
newspapers
since
coming
rochester
time
present
time
located
either
rental
housing
housing
buy
penfield
app
ur
investigation
housing
included
rochester
bedroom
communities
webster
irondequoit
penfield
perinton
search
period
two
years
led
us
possible
purchase
towns
petitioner
sinkler
stated
searched
alternate
housing
rochester
metropolitan
area
including
town
penfield
found
black
person
choice
housing
particular
apartments
available
town
penfield
person
income
level
afford
petitioner
broadnax
said
bought
newspapers
read
ads
walked
look
apartments
found
place
reside
found
virtually
choice
housing
rochester
area
penfield
better
homes
contemplated
series
units
hoped
sell
time
persons
earned
per
year
penfield
planning
board
denied
necessary
variance
september
incompatibility
surrounding
neighborhood
projected
traffic
congestion
problems
severe
soil
erosion
construction
homes
projected
buildings
containing
four
family
units
designed
single
people
small
families
capable
purchased
persons
low
income
accumulated
funds
moderate
income
limited
funds
payment
variance
project
denied
planning
board
october
revision
proposal
reconsidered
planning
board
april
indications
record
apparently
remains
consideration
record
also
indicates
existence
several
proposals
planned
unit
developments
told
whether
projects
allow
sale
prices
persons
low
moderate
income
likely
able
afford
importantly
slightest
suggestion
adequate
sufficiently
low
cost
meet
petitioners
needs
ortiz
affidavit
purchasing
resides
dwelling
wayland
owns
receives
rental
income
house
rochester
concerned
finding
house
apartment
large
enough
wife
seven
children
afford
spend
maximum
per
month
housing
broadnax
seeks
house
apartment
six
children
spend
maximum
per
month
housing
sinkler
also
spend
per
month
housing
two
children
thus
least
cases
ortiz
broadnax
doubtful
stated
needs
satisfied
small
housing
units
contemplated
projects
specifically
described
record
moreover
indication
petitioners
resources
necessary
acquire
housing
available
projects
matter
left
entirely
obscure
income
housing
budget
figures
supplied
petitioners
affidavits
presumably
year
vague
description
proposed
development
strongly
suggests
units
even
adequate
needs
beyond
means
least
sinkler
broadnax
see
supra
penfield
better
homes
projected
price
figures
must
assumed
even
subsidies
might
still
available
increased
substantially
complaint
filed
petitioner
reyes
presents
special
case
family
income
per
year
afford
per
month
housing
past
apparently
wants
purchase
residence
noted
see
supra
term
low
moderate
income
nowhere
defined
complaint
penfield
better
homes
defined
term
per
year
see
supra
since
project
subsidized
presumably
petitioner
reyes
ineligible
indication
nonsubsidized
projects
removal
challenged
zoning
restrictions
reduced
price
new
residences
level
petitioner
reyes
thought
afford
see
park
view
heights
city
black
jack
crow
brown
supp
nd
kennedy
park
homes
assn
city
lackawanna
cert
denied
dailey
city
lawton
cf
farmworkers
florida
housing
project
city
delray
beach
say
plaintiff
challenges
zoning
ordinance
zoning
practices
must
present
contractual
interest
particular
project
particularized
personal
interest
may
shown
various
ways
need
undertake
identify
abstract
usually
initial
focus
particular
project
see
cases
cited
supra
also
note
zoning
laws
provisions
long
considered
essential
effective
urban
planning
peculiarly
within
province
state
local
legislative
authorities
course
subject
judicial
review
proper
case
citizens
dissatisfied
provisions
laws
need
overlook
availability
normal
democratic
process
cf
scrap
see
roe
wade
see
generally
sedler
standing
assert
constitutional
jus
tertii
yale
cf
bigelow
virginia
amicus
brief
lawyers
committee
civil
rights
law
argues
contrary
petitioners
allegations
state
colorable
claims
act
penfield
members
person
aggrieved
within
meaning
significant
think
petitioners
nowhere
adopt
argument
read
complaint
petitioners
alleged
respondents
refuse
negotiate
sale
rental
otherwise
make
unavailable
deny
dwelling
person
race
color
national
origin
discriminate
person
terms
conditions
privileges
sale
rental
dwelling
provision
services
facilities
connection
therewith
race
color
national
origin
emphasis
added
instead
gravamen
complaint
challenged
zoning
practices
purpose
effect
excluding
persons
low
moderate
income
residing
town
turn
consequence
excluding
members
racial
ethnic
minority
groups
reading
complaint
confirmed
petitioners
brief
brief
petitioners
intimate
view
whether
complaint
alleged
purposeful
racial
ethnic
discrimination
stated
claim
see
park
view
heights
city
black
jack
allege
contractual
relationship
protected
existed
penfield
members
particular
person
excluded
residing
town
relationship
either
punished
disrupted
respondents
see
sullivan
little
hunting
park
averred
zoning
ordinance
respondents
unlawfully
blocking
pending
construction
project
question
whether
penfield
better
homes
employed
available
administrative
remedies
whether
required
federal
intervene
justice
douglas
dissenting
respect
think
reads
complaint
record
antagonistic
eyes
background
case
continuing
strong
tides
opinion
touching
sensitive
matters
involve
race
class
distinctions
based
wealth
clean
safe
home
enough
people
want
live
neighbors
congenial
social
political
outlooks
similar
problem
sharing
areas
community
akin
one
wants
control
kind
person
shares
abode
rochester
housing
council
monroe
county
area
two
associations
bring
suit
opinion
represent
communal
feeling
actual
residents
standing
associations
position
unlike
confronted
naacp
alabama
protest
creation
segregated
community
expresses
desire
members
live
desegregated
community
desire
gives
standing
sue
civil
rights
act
held
trafficante
metropolitan
life
ins
voice
views
seek
rely
civil
rights
acts
constitution
standing
virtue
dignity
claim
case
decided
merits
standing
become
barrier
access
federal
courts
political
question
earlier
decades
mounting
caseload
federal
courts
well
known
cases
one
reflect
festering
sores
society
american
dream
teaches
one
reaches
high
enough
persists
forum
justice
dispensed
lower
technical
barriers
let
courts
serve
ancient
need
time
curbed
legislative
constitutional
restraints
emergency
arises
today
far
facing
emergency
frankness
justice
need
work
four
days
week
carry
burden
found
comfortable
burden
carried
even
months
hospitalization
justice
brennan
makes
clear
dissent
alleged
purpose
ordinance
attack
preclude
people
living
penfield
zoning
power
claimed
used
foist
community
model
people
area
let
case
go
trial
facts
brought
indeed
better
practice
decide
question
standing
merits
developed
reverse
appeals
justice
brennan
justice
white
justice
marshall
join
dissenting
case
wide
range
plaintiffs
alleging
various
kinds
injuries
claimed
affected
penfield
zoning
ordinance
face
applied
practices
defendant
officials
penfield
alleging
result
laws
practices
minority
people
excluded
penfield
exclusion
unconstitutional
plaintiffs
sought
injunctive
declaratory
monetary
relief
today
opinion
purports
standing
opinion
actually
believe
overtones
outmoded
notions
pleading
justiciability
refuses
find
variously
situated
plaintiffs
clear
numerous
hurdles
constructed
first
time
necessary
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standing
gives
lip
service
principle
oft
repeated
recent
years
standing
way
depends
merits
plaintiff
contention
particular
conduct
illegal
ante
fact
opinion
tosses
almost
every
conceivable
kind
plaintiff
injured
activity
claimed
unconstitutional
explained
indefensible
hostility
claim
merits
appreciate
reluctance
adjudicate
complex
difficult
legal
questions
involved
determining
constitutionality
practices
assertedly
limit
residence
particular
municipality
white
relatively
well
also
understand
merits
case
involve
grave
sociological
political
ramifications
courts
refuse
hear
case
merits
merely
prefer
quite
clear
record
viewed
dispassion
least
three
groups
plaintiffs
made
allegations
supported
affidavits
documentary
evidence
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motion
dismiss
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considering
three
groups
believe
clearly
standing
minority
plaintiffs
rochester
home
builders
association
housing
council
monroe
county
area
helpful
review
picture
painted
allegations
whole
order
better
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various
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show
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able
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project
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ability
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council
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penfield
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homes
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allegations
affidavits
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penfield
zoning
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virtue
regulations
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population
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density
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egress
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defendants
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plaintiffs
ortiz
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sinkler
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live
penfield
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rochester
home
builders
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affidavits
one
total
purposeful
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town
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homes
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build
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changes
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ordinance
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breaching
suit
filed
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subject
suit
ii
minority
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instead
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petitioners
allegations
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plaintiff
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linda
richard
party
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judicial
power
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able
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statute
enforcement
massachusetts
mellon
emphasis
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supra
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recited
show
petitioners
alleged
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realization
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projects
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similar
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prove
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minority
groups
decent
housing
afford
decent
surroundings
see
nn
supra
iii
associations
including
building
concerns
specifically
home
builders
trade
association
concerns
engaged
constructing
maintaining
residential
housing
rochester
area
alleged
uring
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town
penfield
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members
app
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council
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member
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litigating
respect
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project
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data
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schlesinger
reservists
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war
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barlow
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least
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plaintiffs
view
alleged
standing
sufficient
require
lawsuit
proceed
discovery
trial
deal
dissent
standing
remaining
petitioners
specifically
petitioner
ortiz
claims
among
things
penfield
schools
offer
much
broader
curriculum
including
vocational
education
school
children
attend
well
special
tutoring
counselling
programs
available
children
penfield
also
provides
comprehensive
recreational
program
community
offers
little
comprehensive
public
library
community
limited
library
services
app
petitioner
broadnax
claimed
lived
penfield
playgrounds
children
effective
police
protection
adequate
garbage
disposal
lacking
present
community
result
children
safe
mice
rats
roaches
house
petitioner
reyes
stated
similarly
currently
living
inadequate
police
protection
sending
children
inferior
schools
finally
petitioner
sinkler
also
said
current
home
police
protection
inadequate
play
areas
children
schools
totally
inadequate
summaries
affidavits
quite
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detailing
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petitioners
current
communities
injuries
suffered
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ortiz
affidavit
services
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penfield
alleviate
many
problems
petitioner
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poor
choice
housing
available
income
forced
rent
apartment
many
leaks
roof
bad
wiring
roach
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rat
mice
infestation
crumbling
house
foundation
broken
front
door
broken
hot
water
heater
etc
result
aside
ordinary
dangers
conditions
obviously
present
one
son
asthma
condition
exacerbated
petitioner
sinkler
stated
housing
rochester
central
city
available
minority
people
living
apartment
exposed
radiator
pipes
elevator
screens
violence
theft
sexual
attacks
frequent
short
summaries
long
detailed
accounts
harms
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case
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linda
richard
linda
problem
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husband
prosecuted
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prove
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least
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task
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income
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app
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town
board
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income
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rental
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see
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income
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low
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ante
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petitioners
discussion
fell
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board
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families
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reyes
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afford
house
app
task
force
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set
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ordinance
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housing
people
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house
costing
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theory
finds
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task
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board
course
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whether
particular
named
plaintiffs
certainly
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changes
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discovery
trial
show