Civil Procedure Keyed to Subrin
Allen R. Kamp, The History Behind Hansberry v. Lee
Between 1900 and 1934 the city of Chicago through its Real Estate Board, in order to promote segregation, created restrictive covenants. These covenants stated that owners of land in certain areas of Chicago were not allowed to sell, rent, or lease property to people of color. The Board organized efforts to make such covenants legal in most areas of Chicago. This was quiet effective for a long time. A model was created and made legal through litigation and that model was used in an area of town where Mr. Burke owned property. In an earlier case Burke’s wife sued to have the covenant enforced when she found her husband tried to sell to an African American. Subsquently, Mr. Burke made a plan to sell the property to a white man for Mr. Hansberry an African American. Another suit was filed and the lower court enjoined Mr. Burke from selling to an African American, or anyone for the purpose of giving to an African American, and even bared a mortgage company from giving a loan to an African American for a house in a neighborhood with such a covenant. The lower courts stated that Mr. Hansberry was a member of a class of persons that sued in the earlier case where Burke was unsuccessful and that Mr. Hansberry was bound to that judgment. Then suit was filed in the United States Supreme Court.
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