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· 7/13/1926

Milillo v. Canfield

Citations

  • 14 F.2d 113
  • 1926 U.S. App. LEXIS 2021

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that a prima facie case under the FHA requires that an impermissible consideration “was a significant factor” in the decision taken
  • noting that “the granting or denial of injunctive relief lies within the court’s discretion”
  • noting that a conspiracy “need not be shown by proof of an explicit agreement but can be established by showing that the ‘parties have a tacit understanding to carry out the prohibited conduct’”
  • explaining that discriminatory intent may be demonstrated “by showing that animus against the protected group was a significant factor in the position taken by ... those to whom the decision-makers were knowingly responsive.” (internal quotation marks omitted)
  • finding relevant that the municipality “cited potential traffic and noise problems among their reasons for opposing home synagogues but tolerated existing traffic and noise caused by secular uses”
  • noting this context is relevant to a “totality of the circumstances” inquiry in determining whether a defendant acted with discriminatory intent

Source: CourtListener parenthetical corpus (CC0).

Judges: Mack

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.