This section contains the nature of the case and procedural background.

NAACP (P) contends that Town of Huntington (D) violated Title VIII (42. U.S.C. Section 3601-3631) by restricting private construction of multifamily housing to a narrow urban renewal area and by refusing to rezone the parcel outside this area where P wished to build multifamily housing. P wanted to construct an integrated multi-family housing apartment complex in a virtually all-white neighborhood. The area where multifamily housing was authorized was 52% minority. P wanted to rezone certain property but was met with a substantial and overwhelming public outcry to do so. Petitions bearing 4,100 signatures were submitted, and a protest meeting drew 2,000 people. The Town Board rejected the proposed rezoning and P sued. The lower court made a number of findings logically in favor of P but gave the verdict to D. P appealed.

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