· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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