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National Association for the Advancement of Colored People v. City of Kyle, Texas

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Published opinion

Before JONES, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges.

This appeal presents two standing issues: (1) whether the National Association for the Advancement of Colored People, the Texas State Conference of NAACP Branches, and the Austin Branch of the NAACP (collectively, “NAACP”) has associational standing; and (2) whether the Home Builders Association of Greater Austin (“HBA”) and the National Association of Home Builders (collectively, “Builders Associations”) have organizational standing. Neither have standing. Accordingly, we AFFIRM the district court’s denial of declaratory and injunctive relief under the Fair Housing Act (“FHA”).*fn1 Furthermore, we find that Kyle is not entitled to attorneys’ fees under 42 U.S.C. § 3613(c)(2) because Plaintiffs’ claims are not frivolous.

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