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The planned development did not conform to the Village's zoning ordinance and could not be built unless Arlington Heights rezoned the parcel to R-5, its multiple-family housing classification.

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Based on this and other evidence, the Court of Appeals ruled that "the record sustains the [District Court's] holding of racial motivation and of arbitrary and unreasonable action. Under the law of Illinois, only the owner of the property has standing to pursue such an action. Normet, U. The Village denied the rezoning request.

Section has been amended frequently in minor respects since this litigation began. City of Lackawanna, F. Nothing in her testimony supports an inference of invidious purpose. See City of Richmond v.

O'Brien, U. Lincoln Green did not meet this requirement, as it aded no commercial or manufacturing district.

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But there is little about the sequence of events leading up to the decision that feales spark suspicion. Unless rezoning is granted, many of these plans and studies will be worthless even if MHDC finds another site at an equally attractive price. A divided Court of Appeals reversed.

For example, if the property seeming here always had been zoned R-5 but suddenly was changed to R-3 when the town learned of MHDC's plans to erect integrated housing,[16] we would have a far different case. On three sides of the Viatorian land there are single-family homes just across a street; to the east the Viatorian property directly ads the backyards of other single-family homes.

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Warth v. Littleton, U.

If a court grants the relief he seeks, there is at least a "substantial probability," Warth v. Lightfoot, U. See Sierra Club v. Its contract of purchase is contingent upon securing rezoning.

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McKeithen, U. See 12 U.

While conceding that heignts remand is necessary because of the Court of Appeals' "unorthodox" approach of deciding the constitutional issue without reaching the statutory claim, ante, atthe Court refuses to allow the Court of Appeals to reconsider its constitutional holding in light of Davis should it become necessary to reach that issue. Jefferson v. The statements by the Plan Commission and Village Board members, as reflected in the official minutes, focused almost exclusively on the zoning aspects of the MHDC petition, and the zoning factors on which they relied are not novel criteria in the Village's rezoning decisions.

In the ordinary case, a party is denied standing to assert the rights of third persons. The rezoning request progressed according to the usual procedures. But in this case respondents failed to make the required threshold showing.

An injunction would not, of course, guarantee that Lincoln Green will be built. In light of respondents' repeated insistence that it was effect and not motivation which would make out a constitutional violation, the District Court's action was not improper.

Keyes v. Ambler Realty Co. MHDC, they point out, is not the owner of the property in question.

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According to the census, only 27 of the Village's 64, residents were black. As the cases relied upon by the Court indicate, the primary function of this Court is not to review the evidence supporting findings of the lower courts. seekong

The Court of Heigjts further finding that the Village's decision carried a discriminatory "ultimate effect" is without independent constitutional ificance. Ransom testified at trial that if Lincoln Green were built he would probably move there, since it is closer to his job. Petitioners nonethless appear to argue that MHDC lacks standing because it has suffered no economic injury.

Respondents simply failed to carry their burden of proving that discriminatory purpose was a motivating factor in the Village's decision.

I would vacate the judgment of the Court of Appeals and remand the case for consideration of the statutory issue and, if necessary, for consideration of the constitutional issue in tyype of Washington v. Placing a decisionmaker on the stand is therefore "usually to be avoided.

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Seldin, supra, atthat the Lincoln Green project will materialize, affording Ransom the housing opportunity he desires in Arlington Heights. But all housing developments are subject to some extent to similar uncertainties. See id.