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N.A.A.C.P. v. CITY OF KYLE, TEX.

Nos. 09-50352, 09-50505.

626 F.3d 233 (2010)

NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE; Texas State Conference of NAACP Branches; Austin Branch of the NAACP; Home Builders Association of Greater Austin, Inc.; National Association of Home Builders, Inc., Plaintiffs-Appellants, v. CITY OF KYLE, TEXAS, Defendant-Appellee. National Association for the Advancement of Colored People; Texas State Conference of NAACP Branches; Austin Branch of the NAACP; Home Builders Association of Greater Austin, Inc.; National Association of Home Builders, Inc., Plaintiffs-Appellees, v. City of Kyle, Texas, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 11, 2010.

Attorney(s) appearing for the Case

Robert Notzon , Law Office of Robert Notzon, Austin, TX, for NAACP, Texas State of NAACP and Austin Branch of NAACP.

Michael Klein (argued), Smith, Robertson, Elliott, Glen, Klein & Bell, L.L.P., Austin, TX, for all Plaintiffs.

Susan Schlesinger Vance , Alexander Dubose & Townsend, L.L.P., Austin, TX, for Home Bldrs. Ass'n of Greater Austin, Inc. and Nat. Ass'n of Home Bldrs.

William Michael McKamie , Bradford Eugene Bullock (argued) , John Frank Onion, III , McKamie Krueger, L.L.P., San Antonio, TX, Barney L. Knight , Barney L. Knight & Associates, Austin, TX, for City of Kyle, TX.

Edward Bradbury Cloutman, III , Law Offices of Edward B. Cloutman, III, Dallas, TX, Mary J. Hahn , Washington Lawyers' Committee for Civil Rights & Urban Affairs, Washington, DC, for Amici Curiae Nat. Fair Housing Alliance, Lawyers Committee for Civil Rights Under Law, Nat. Low Income Housing Coalition, Poverty & Race Research Ctr., Greater New Orleans Fair Housing Action Ctr., Inclusive Communities Project, Border Fair Housing & Economic Justice Ctr. and Austin Tenants Council.

David James Bird (argued) , Paul D. Fogel , Reed Smith, L.L.P., Pittsburgh, PA, Amy Marie Emerson , James Chrisman Phillips , Jose Eduardo de la Fuente , Lloyd Gosselink Rochelle & Townsend, P.C., Austin, TX, for Amici Curiae City of Manor TX, City of Round Rock, TX, City of Pflugerville, TX, City of Jonestown, TX, Texas Municipal League, Texas City Attys' Ass'n, and The Intern. Municipal Lawyers Ass'n.

Angela Ciccolo , Baltimore, MD, for NAACP.

Before JONES, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

This appeal presents two standing issues: (1) whether the National Association for the Advancement of Colored People, the Texas State Conference of NAACP Branches, and the Austin Branch of the NAACP (collectively, "NAACP") has associational standing; and (2) whether the Home Builders Association of Greater Austin ("HBA") and the National Association of Home Builders (collectively, "Builders Associations") have organizational standing...

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