June 11, 2007 11:00 AM CDT

Kyle Looks to Help Bolster Defense Against Lawsuit

By Hays Free Press

City attorneys for Kyle, Texas, are fighting a legal battle against the National Association for the Advancement of Colored People (NAACP) and the Austin branch of the Home Builder's Association (HBA) in an effort to save the city’s 2003 building ordinance.

The NAACP and HBA state the city’s subdivision ordinance - requiring brick, stone, hardiplank or other approved masonry products, a minimum garage size of 480 square feet, and average house sizes of 1,200 square feet - would "have a negative impact on minorities’ ability to purchase the same home as a non-minority," therefore making the ordinance unlawful under the nation’s Fair Housing Act. According to a NAACP-HBA study, the Kyle building ordinance would "increase the average cost of a home by $20,000."

Kyle city attorneys state that the ordinance is a typical approach to manage city growth, control cookie-cutter homes, and add value to a building by utilizing masonry construction. The attorneys also pointed out that a negative outcome for the city’s case would set a precedence for the state of Texas, in which several cities have similar building ordinances.

The court date for the lawsuit is set for February 2008.

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About the Author

The Hays Free Press is a local newspaper serving Buda, Kyle and northern Hays County, Texas. Read the Hays Free Press online at www.haysfreepress.com.