Federal court dismisses Chadron housing agency's lawsuit

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By MARGERY A. GIBBS / The Associated Press

OMAHA — A federal court has dismissed a lawsuit brought by a Chadron housing agency that alleged the owners of a mobile home park discriminated against American Indians.

High Plains Community Development had sued on behalf of a renter at Hinn’s Mobile Homes in Chadron. The lawsuit named the park owners, Terry Hinn and Marilyn Hinn Hays, as well as the Nebraska Health and Human Services System, which issues licenses to mobile home parks in Nebraska.

The lawsuit said many of the homes were overcrowded, dilapidated, had rat and snake problems and substandard plumbing.

The agency also accused health officials of not enforcing the laws, although their own inspectors found serious deficiencies in the mobile homes. The lawsuit said the health officials did not enforced those laws, because most of the renters have been American Indians.

U.S. District Court Judge Laurie Smith Camp dismissed the lawsuit, saying among other things that High Plains failed to show how the defendants had harmed the nonprofit organization. The judge also said High Plains lacked standing to bring the lawsuit under the federal Fair Housing Act.

Hays had previously acknowledged to The Associated Press that the homes were in poor condition but said vandals and some renters were to blame.

She had said last year when the suit was filed that she and her family had spent almost $12,000 on repairs.

But Marguerite Vey-Miller, executive director of High Plains, had said the homes were rented to American Indians because the landlords knew the Indians have nowhere else to go.

Asked Thursday whether he felt vindicated, Terry Hinn replied, “No, not really. Anytime something like this comes out, it’s hard to clear your name.”

Hinn said his family has been in the area since around 1900 and thinks his family name has been smeared.

“We knew from the very beginning that there was no basis for this lawsuit, but you still have to fight it ... and it’s expensive,” he said.

Hinn said his family members have not yet decided whether they will go to court to try to recoup the cost of fighting the lawsuit.

Marilyn Hinn Hays referred comment Thursday to Marguerite Vey-Miller, who was not immediately available.

A spokeswoman with the Nebraska Attorney General’s Office said Thursday that the state was pleased with outcome of the case.