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HUNTINGTON BRANCH, N. A. A. C. P. v. TOWN OF HUNTINGTON

No. 1224, Docket 82-6030.

689 F.2d 391 (1982)

HUNTINGTON BRANCH, NATIONAL ASSOCIATION FOR the ADVANCEMENT OF COLORED PEOPLE, Housing Help, Inc., Mabel Harris, Ella Owens, Carrie Howard, Thelma Latta, Perrepper Crutchfield, Kenneth L. Cofield, Plaintiffs-Appellants, v. The TOWN OF HUNTINGTON, NEW YORK, United States Department of Housing and Urban Development, Samuel Pierce, Kenneth C. Butterfield, Claire Kroft, Kenneth Deegan, Edward Thompson, Joseph Clemente, Defendants, The Town of Huntington, New York, Kenneth C. Butterfield, Claire Kroft, Kenneth Deegan, Edward Thompson, Joseph Clemente, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 28, 1982.

Attorney(s) appearing for the Case

Richard F. Bellman, New York City (Lewis M. Steel, Steel & Bellman, P.C., New York City, Thomas Atkins, Curtis Rodgers, Margrett Ford, N. A. A. C. P., New York City, of counsel), for plaintiffs-appellants.

Richard C. Cahn, Melville, N. Y. (Cahn, Wishod & Wishod, Melville, N. Y., of counsel), for defendants-appellees Town of Huntington, N. Y., Kenneth C. Butterfield, Claire Kroft, Kenneth Deegan, Edward Thompson, Joseph Clemente.

Before KAUFMAN and WINTER, Circuit Judges, and WARD, District Judge.

RALPH K. WINTER, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Eastern District of New York, Costantino, Judge, dismissing for lack of standing a complaint alleging that a Huntington, New York zoning ordinance is racially discriminatory and therefore invalid. We reverse and remand.

BACKGROUND

The complaint alleges the following facts. Believing there exists a need for increased low and moderate...

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