In 2003, the New Jersey Township of Mount Holly designated a neighborhood known as the Gardens as a blighted, high crime area, and called for its redevelopment. The Township adopted a plan to demolish the Gardens and replace it with new residential units, of which only a fraction were designated for affordable housing. However, the predominately minority population of the Gardens filed suit to overturn the blight designation and stop the redevelopment plan on the grounds that the plan violated the Fair Housing Act (FHA) on a disparate impact theory.
"Settlement Equals Another Missed Opportunity for the Supreme Court to Define Disparate Impact Claims Under the Fair Housing Act,"
University of Baltimore Journal of Land and Development: Vol. 3
, Article 6.
Available at: http://scholarworks.law.ubalt.edu/ubjld/vol3/iss2/6