Robert WARTH, Individually and on behalf of all other persons similarly situated, et al., Plaintiffs-Appellants.
v.
Ira SELDIN, Chairman, et al., Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued November 27, 1973.
Decided April 18, 1974.
Attorney(s) appearing for the Case
Emmelyn Logan-Baldwin, Rochester, N. Y. (Frank A. Aloi, Robinson, Williams, Robinson & Angeloff, Rochester, N. Y., on the brief), for plaintiffs-appellants Warth, Reichert, Vinkey, Harris, Ortiz, Broadnax, Reyes, Sinkler, and Metro-Act of Rochester, Inc.
Michael Nelson, Rochester, N. Y., and Richard Wesley, on the brief, for plaintiff-appellant Housing Council in the Monroe County Area, Inc.
Sanford J. Liebschutz, Rochester, N. Y. (Liebschutz, Rosenbloom & Samloff, Rochester, N. Y., on the brief), for intervenor-appellant Rochester Homebuilders Ass'n, Inc.
Douglas S. Gates, Rochester, N. Y. (Harris, Beach & Wilcox, Rochester, N. Y., on the brief), for defendants-appellees.
The National Committee Against Discrimination in Housing (Norman C. Amaker and Mollie W. Neal, Washington, D. C., on the brief), filed a brief as amicus curiae urging reversal.
Before MOORE, HAYS and TIMBERS, Circuit Judges.
United States Court of Appeals, Second Circuit.
HAYS, Circuit Judge:
Appellants brought this suit as a class action against the appellees, the Town of Penfield, New York, and the members of as Town Board, Town Planning Board, and Zoning Board. The complaint alleged that the town's zoning laws, on their face and as applied, violated appellants' rights under the first, ninth, and fourteenth amendments to the Constitution of the United States and 42 U.S.C. §§ 1981...
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