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in a unanimous decision, the justices reversed a 6th U.S. Circuit Court of Appeals decision holding that an Ohio city had acted with racial bias when it allowed a petition to repeal an ordinance providing for the building of low-income housing to stay the site plan’s implementation. City of Cuyahoga Falls, Ohio v. Buckeye Community Hope Foundation, No. 01-1269. The court remanded the case on the ground that the respondent nonprofit corporation hadn’t presented an equal protection claim sufficient to survive summary judgment, and that the city’s referendum process did not violate substantive due process. O’Connor wrote the court’s opinion.

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