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Page d- November 10.2004
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<br /> Discrimination- Hispanic-owned corporation, claims moratorium
<br /> discriminates against it
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<br /> CiO' argues a corporation camwt ~ue :bt discriminatiot~
<br /> Cimm~m' &ferc~xio Ac;ecc~ LLC v, Ciq~ of DctiM,~', ClX D4vric; C,~6u'~?br ;he
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<br /> ~ m~,~S (.09f'~-,u/~'',,~ -- Mercado Azmca u~C deve!ooed~ and operated shopping
<br /> malls ~ha~ served Hispanic co--unities ~n ~he United States.
<br /> Azmca wanted to dav~i,m . .~ ,-. ' '
<br /> ........ ~ a Mercado ,'L,:,e~a mcaaon in the Bronco Sow!, an
<br /> .... te.~',atr~e,,t' ~ .-'~,~n~e,~ located in a predo~nateiy ~spanic neithborhood in Dallas.
<br /> However, Aztecs alleged certain members of the Fog Womb Avenue De,mi-
<br /> opmen~ Group, an ~dvocacy coalition, hearci of Azteca's m~entions and quic~y
<br /> mobiiized ~o
<br /> Ukima~ely: the city enacted a moratorium on development on Fort Wo~h
<br /> Avenue, ostensibly to conduct a [and-use study. However, Aztecs claimed ~he
<br /> moratorium was oniy intended to keep Aztecs. a Hispanic business, ou~ of the
<br /> n&ghborhood.
<br /> Azmca sued, and the cXv asked ~he court to dismiss ~he claim. The cky
<br /> argued them was no recognizable harm ~hat could be [idgamd by Azteca be-
<br /> cause [t was a
<br />, DECISION: Jud~ent h~ Ihw)r of Aztecs.
<br /> Aztecs adequately alleged differentml treatment by the cky from chose
<br /> si~larly situated.
<br /> A co~oration could acquire an imputed racial identity, Consequently, if it
<br /> suffered harm fi'om Jiscrxmnation, it had the abiliq./to ~iti~ate that harm.
<br /> Under the Equal Protection Clause, ail persons si~lariy situated should be
<br /> treamd alike. The city claimed the moratorium applied equally ~o ail prospective
<br /> businesses see~n~ to purchase,
<br /> . ~ocate, or deveMp property on Fo~ Wo~h
<br /> Avenue.
<br /> However, as Az~eca alleged ~he facts, the cky did not apply the moratorium
<br /> equaily to all sm~iarty situated persons. According ~o Azteca, the moratorium
<br /> was put in place on March 26, ,00~. Just over one momh later, ~he city an-
<br /> nounced The Home Depot. a company without any Hispanic affiliation, would
<br /> be developing an area covered by the moratorium, tn face the area The Nome
<br /> De~.ot, =~ ' was ,'=,',-~o.1~, .... om_" ~ was the,,.~ac ~ one .iz~eca was planning co develop.
<br /> If Azteca's ai!e~adons were ~me. Azte,ca was not ~reated tile same as The nome
<br /> De?t because ti2e ok,,' mounted an effor~ to frustram ~he Aztecs prelect while
<br /> '.,~i,,. wnF~Gn~ bemnd the ~c~nes ~o ttGx,/a[ic~ '
<br /> .... , De~. ;~ ?rojecL Conse-
<br /> ~Uefi[:?. ~2~ZICCLi'S :)d'~Li~IC'A[S './v'e~e _~.~.~t~d[ SLIDDOE[ a ~LiWSLH[ go-alllSE t~]e ct[v,
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