The United States Supreme Court declined to review the City’s appeal in Avenue 6E Investments et al v. City of Yuma, remanding the case back to District Court.
The case stems from a 2008 rezoning request where the applicants sought smaller lot sizes within the low-density residential zone. Neighbors objected to the development. The City Council voted to deny, and the applicants then pursued relief through the courts.
After the City won summary judgment in federal court for the District of Arizona, a three-judge panel of the 9th Circuit of the U.S. Court of Appeals reversed and remanded the case back to District Court. The City of Yuma asked the Supreme Court to review the 9th Circuit opinion which relied on “code words,” spoken by members of the public at zoning hearings, as creating issues of fact whether a violation of the Fair Housing Act may have occurred.
The denial of review by the United States Supreme Court means the case will go back to the District Court for further proceedings and possibly a trial.
“The City continues to believe it has solid defenses to the claims in this case, and will continue to present them,” said City Administrator Greg Wilkinson.