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CUYAHOGA FALLS v. BUCKEYE COMMUNITY HOPE FOUNDATION

No. 01-1269.

538 U.S. 188 (2003)

CITY OF CUYAHOGA FALLS, OHIO, ET AL. v. BUCKEYE COMMUNITY HOPE FOUNDATION ET AL.

Supreme Court of United States.

Decided March 25, 2003.

Attorney(s) appearing for the Case

Glen D. Nager argued the cause for petitioners. With him on the briefs were Virgil Arrington, Jr., Michael A. Carvin, and Michael S. Fried.

David B. Salmons argued the cause pro hac vice for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General Boyd, Deputy Solicitor General Clement, Mark L. Gross, and Teresa Kwong.

Edward G. Kramer argued the cause for respondents. With him on the brief were Diane E. Citrino, Kenneth Kowalski, and Michael P. Seng.*

O'CONNOR, J., delivered the opinion for a unanimous Court. SCALIA, J., filed a concurring opinion, in which THOMAS, J., joined, p. 200.

JUSTICE O'CONNOR delivered the opinion of the Court.

In 1995, the city of Cuyahoga Falls, Ohio (hereinafter City), submitted to voters a facially neutral referendum petition that called for the repeal of a municipal housing ordinance authorizing construction of a low-income housing complex. The United States Court of Appeals for the Sixth Circuit found genuine issues of material fact with regard to whether the City violated...

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