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Syllabus
dum. Respondents' second theory—that the city's submission of an administrative land-use determination to the charter's referendum procedures constituted per se arbitrary conduct—has no basis in this Court's precedent. The people retain the power to govern through referendum with respect to any matter, legislative or administrative, within the realm of local affairs. Eastlake v. Forest City Enterprises, Inc., 426 U. S. 668, 674, n. 9. Though a referendum's substantive result may be invalid if it is arbitrary or capricious, respondents do not challenge the referendum itself. Pp. 198-199.
3. Because respondents have abandoned their Fair Housing Act disparate impact claim, the Sixth Circuit's disparate impact holding is vacated, and the case is remanded with instructions to dismiss the relevant portion of the complaint. Pp. 199-200.
263 F. 3d 627, reversed in part, vacated in part, and remanded.
O'Connor, J., delivered the opinion for a unanimous Court. Scalia, J., filed a concurring opinion, in which Thomas, J., joined, post, p. 200.
Glen D. Nager argued the cause for petitioners. With him on the briefs were Virgil Arrington, Jr., Michael A. Carvin, and Michael S. Fried.
David B. Salmons argued the cause pro hac vice for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General Boyd, Deputy Solicitor General Clement, Mark L. Gross, and Teresa Kwong.
Edward G. Kramer argued the cause for respondents. With him on the brief were Diane E. Citrino, Kenneth Kowalski, and Michael P. Seng.*
*Briefs of amici curiae urging reversal were filed for the City of Athens, Ohio, et al. by Barry M. Byron, John E. Gotherman, and Garry E. Hunter; and for the International Municipal Lawyers Association et al. by Henry W. Underhill, Jr., Charles M. Hinton, Jr., and Brad Neighbor.
Briefs of amici curiae urging affirmance were filed for the Lawyers' Committee for Civil Rights Under Law et al. by Barbara Arnwine, Thomas J. Henderson, Cheryl L. Ziegler, Eva Jefferson Paterson, Javier N. Maldonado, and Michael Churchill; for the National Association of Home Builders by Thomas Jon Ward; for the National Fair Housing Alliance et al. by Joseph R. Guerra, Thomas Healy, John P. Relman, Meera
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