Cameron County Housing Authority v. City of Port Isabel, No. 19-40717 (5th Cir. 2021)
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After Hurricane Dolly severely damaged a public housing development in Port Isabel, the conditional grant money that the CCHA was supposed to receive fell through. CCHA then filed suit against the City under the Fair Housing Act (FHA) and other statutes, dismissing the FHA claims for lack of standing.
The Fifth Circuit affirmed, concluding that the CCHA's injury-in-fact of which they complain -- the total elimination of federal funding that occurred on December 1, 2015 -- is not fairly traceable to the City. In this case, the summary judgment record makes clear that plaintiffs' December 1 loss of federal funding was the combined result of third-party actions and self-inflicted harm. In this case, it was the Lower Rio Grande Valley Development Council that sank the four-unit proposal, and it was the Council that enforced the December 1 deadline.
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