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Its governing body was composed of representatives of the participating municipalities, each of which contributed ,000 to the JMHC. We agree with that analysis, and with the four critical factors utilized by the Seventh Circuit in Arlington II to determine whether a violation has occurred, namely, "(1) how strong is the plaintiff's showing of discriminatory effect; (2) is there some evidence of discriminatory intent, though not enough to satisfy the constitutional standard of Washington v. Flexibility rather than rigidity has distinguished it.
Initially, we dispose of the defendants' procedural argument that the trial court erred in allowing the complaint to be amended five weeks prior to trial to allege jurisdiction under the Fair Housing Act. In it, the plaintiff alleged jurisdiction under various statutory sections, including 28 U. As a joint governmental venture, the JMHC hired a director to coordinate its operations. Ed.2d 554 (1970): "The essence of equity jurisdiction has been the power of the Chancellor to do equity and to mould each decree to the necessities of the particular case.
C., on brief, for amicus curiae The National Committee Against Discrimination in Housing, Inc. and The North Carolina Civil Liberties Union Legal Foundation, Inc. Bladen County, in which Brown Marsh Township is located, has an agriculturally-dependent economy, is one of the poorest counties in North Carolina, and ranks in the bottom ten percent of the state in terms of per capita income.
Before PHILLIPS, MURNAGHAN and SPROUSE, Circuit Judges. Within the county, 39.8% of all families live at less than 125% of the federally-defined poverty level, the eligibility threshold for low-income housing. Dwight Fort, and three commissioners-Linda Revels, Dewitt Clark and Steve Prince, in their individual and official capacities. There is no merit to the defendants' contention that the trial court erred in allowing this amendment or that the Fair Housing Act allegations were barred by that Act's 180-day statute of limitations. Eighty percent of all housing is substandard, 60% of this is black-occupied, and the median price of housing in the county is approximately ,000. Gillespie, Jr., Legal Services of the Lower Cape Fear, Wilmington, N. The action was filed by James Smith, a retired black man living in Bladen County, in which Clarkton lies, against Clarkton, its mayor-J. The effect of poverty on housing in the county is also well documented. § 3612(a).2 We next consider defendants' contentions that the trial court's factual determinations were clearly erroneous, that it improperly admitted certain testimony in violation of Fed. The well-considered decision of the trial court, announced orally at the conclusion of the trial and reduced to written findings of fact and conclusions of law, was thorough in its treatment of the issues presented and the evidence adduced. 1980) (Arlington Heights III ); Parkview Heights v. 802, that even if the trial court was correct in determining liability on their part for discriminatorily obstructing the construction of the public housing, it committed serious error in devising its remedy, and that the award of attorney fees was excessive. The trial court properly applied the standards enunciated in Anderson v.