Sunset Drive Corp. v. City of Redlands

MEMORANDUM **

Plaintiff-Appellant Sunset Drive Corporation (“Sunset”) appeals the district court’s summary judgment in favor of Defendant-Appellee City of Redlands (“the City”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . 1 We vacate and remand with instructions that the case be assigned to a different district judge.

Sunset, a developer of residential real estate, brought this housing discrimination *610 action against the City based upon allegations that the City has a practice of excluding housing opportunities for low-income families. Sunset claims that as part of this discriminatory practice the City has frustrated Sunset’s efforts to develop low-income housing on its property in the City. Sunset alleges that low-income housing units generally are occupied by racial and ethnic minorities and families with children, and that the City’s refusal to approve development of low-income housing units constitutes intentional discrimination against these groups and has a discriminatory impact upon them. Sunset asserts claims under the federal Fair Housing Act, California’s Fair Employment and Housing Act, California Government Code § 65008, and the Equal Protection Clause of…