United States v. Rock Springs Vista Development

*839 MEMORANDUM *

The United States filed a claim against Appellees, asserting that certain condominium complexes Appellees had constructed violated the provisions of the Fair Housing Act (“FHA”) pertaining to handicapped people. Appellant Disabled Rights Action Committee (“DRAC”), a non-profit organization dedicated to ending discrimination against people with disabilities, and Appellant Mark Mortenson (“Mortenson”), a wheelchair user and member of DRAC, filed a complaint in intervention in this suit. The United States settled with Appellees. Appellees then filed a motion to dismiss Appellants’ complaint in intervention for failure to state a claim. The district court granted the motion.

We hold that injunctive relief for Mortenson is not appropriate because he no longer lives in Nevada. We also hold that Mortenson’s action for nominal damages must fail because he did not amend his complaint when given the opportunity to do so. We further hold that because Mortenson has no right to relief, DRAC similarly has no right to relief. Mortenson is the only individual member of DRAC involved in the suit and is therefore the only person who could support a right to relief for DRAC. We…