HDC, LLC v. City of Ann Arbor, No. 10-2078 (6th Cir. 2012)Annotate this Case
The city accepted a proposal to develop city-owned property. The developer formed companies to develop and own the affordable housing portion of the project. The city gave the developer an option to purchase the property under certain conditions. The developer failed to meet a condition that it obtain a demolition permit by a specific date. The city terminated the agreement. The developer alleged violations of the Fair Housing Act, 42 U.S.C. 3601, and state laws, claiming that the city knew or should have known that the condition was impossible to meet and actually terminated the agreement because the project would accommodate handicapped tenants. The district court dismissed. The Sixth Circuit affirmed. The facts alleged do not plausibly support findings: that the city designed the agreement to fail by including a condition it should have known that plaintiffs, sophisticated developers, could not meet; that the city did not want to house the handicapped; or that termination caused handicapped individuals to suffer disproportionately more than others.