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DAILEY v. CITY OF LAWTON, OKLAHOMA

No. 291-69.

425 F.2d 1037 (1970)

Willie Mae DAILEY and Columbia Square, Inc., Plaintiffs-Appellees, v. CITY OF LAWTON, OKLAHOMA, a Municipal Corporation, James Knox, City Clerk, and Jim Sauerman, Building Inspector, all of the City of Lawton, Oklahoma, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 1, 1970.

Attorney(s) appearing for the Case

Richard F. Bellman, New York City (Githen K. Rhoads, Lawton, Okl., and Sol Rabkin, New York City, on the brief), for plaintiffs-appellees.

Newcombe, Redman & Doolin, Lawton, Okl., submitted on brief for defendants-appellants.

Before LEWIS, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Columbia Square, Inc., plaintiff-appellee, proposed to construct a privately sponsored low-income housing project in a predominantly white residential section of Lawton, Oklahoma. Plaintiff-appellee Willie Mae Dailey is a Negro and a potential renter of project space. The defendants-appellants, the City of Lawton and some of its employees, refused to issue a building permit without a zone change. Columbia Square's request for a zone change...

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