United States v. City Of Black Jack, Missouri

508 F.2d 1179 (8th Cir. 1974)

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Nature of the Case

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Facts

In 1970, D was unincorporated and was governed locally by St. Louis County. The county had adopted a master plan that embraced the 1,700 acres which were later to become D. That plan designated sixty-seven acres for multiple-family construction. In 1970, 15.2 of those acres were occupied by 321 apartments, 483.1 acres were occupied by single-family dwellings, and the rest of the land was undeveloped. In 1969, the Inter Religious Center for Urban Affairs (ICUA) began planning Park View Heights to create alternative housing opportunities for persons of low and moderate-income. ICUA settled on 11.9 acres then in an unincorporated area, but now within D. The site was designated for multiple-family structures. ICUA filed a preliminary application with the Federal Housing Administration for initial approval of a proposed §236 development. The original plans envisioned 108 units comprised of two-story townhouses. Public opposition was swift and active. HUD issued a 'feasibility letter' and area residents began a drive to incorporate the area including the site of the proposed apartments. The St. Louis County Council incorporated D on August 6, 1970. On October 20, 1970, D's City Council prohibited the construction of any new multiple-family dwellings and made present ones nonconforming uses. P brought suit against D under section 3601. P presented evidence of historical and racially motivated discrimination with respect to housing in the St. Louis area. D was virtually all white with a black population of between 1% and 2%. The percentage of blacks in St. Louis County has increased only slightly overall from 4.1% in 1950 to 4.8% in 1970. During the same period, the percentage of blacks in the City of St. Louis more than doubled from 17.9% to 40.9%. Between 1950 and 1970, the population of the city declined by 27%, while the population of the county more than doubled. D states its interest in traffic control, neighborhood home values, and school classroom sizes. The court ruled for D and P appealed.