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PARK VIEW HEIGHTS CORP. v. CITY OF BLACK JACK

No. 78-1660.

605 F.2d 1033 (1979)

The PARK VIEW HEIGHTS CORPORATION, the Inter-Religious Center for Urban Affairs, Inc., Barbara Bates, Nancy Billings, Robert Billings, Charlotte French, Jose French, Kermit Guy, Ella Mae Johnson and Raymond Johnson, on their own behalf and on behalf of all others similarly situated, Appellants, v. The CITY OF BLACK JACK, Keith J. Barboro, Individually and as Mayor of the City of Black Jack, Robert Schuchardt, Individually and as Chairman of the Zoning Commission of the City of Black Jack, Herbert Bangert, Mrs. Noah Epley, James Connolley, Harold Evangelista, Joan Kessler, G. Joe Schulte, Albert N. Schroeder and Alden Williams, the Black Jack City Council, Gilbert Begeman, Donald Bressler, Judy Henke, Robert Hoyt, William Hunder, Gerald Hutton, Karin Schmiedler, Henry Sewing, George Urlich, Willard Volentine and Clarence Thomas, The Zoning Commission of the City of Black Jack, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 28, 1979.

Rehearing and Rehearing Denied October 3, 1979.

Attorney(s) appearing for the Case

Lawrence G. Sager, New York Civil Liberties Union (argued), and Arthur Eisenberg, New York City, Martin E. Sloane and Bruce Gelber, National Committee Against Discrimination in Housing, Inc., Washington, D. C., and Samuel H. Liberman, II, Washington University School of Law, St. Louis, Mo., on brief, for appellants.

Roy W. Bergmann, and Sheldon K. Stock, Clayton, Mo., for appellees.

Frank E. Schwelb, Chief, Housing & Credit Section, Civil Rights Div., U. S. Dept. of Justice, and Drew S. Days, III, Asst. Atty. Gen., Washington, D. C., on brief, for amicus curiae, U. S.

Before LAY, BRIGHT and STEPHENSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 3, 1979.

LAY, Circuit Judge.

In 1969, the Inter-Religious Center for Urban Affairs (ICUA) began planning Park View Heights, a racially integrated townhouse development under Section 236 of the National Housing Act, 12 U.S.C. § 1715z-1 (1968), which was to be located on an appropriately zoned tract of land in a then virtually all white unincorporated area of St. Louis County, Missouri. The development received...

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