Case: Villas at Parkside Partners v. City of Farmers Branch

3:08-cv-01551 | U.S. District Court for the Northern District of Texas

Filed Date: Sept. 3, 2008

Closed Date: May 27, 2014

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Case Summary

On September 3, 2008, several lessors and lessees of residential accommodations in Farmers Branch, Texas, filed a lawsuit against the city in the U.S. District Court for the Northern District of Texas, Dallas Division, under the Supremacy Clause; 42 U.S.C. § 1981; 42 U.S.C. § 1983; the Fair Housing Act (FHA), 42 U.S.C. § 3601, et. seq.; and the Texas Equal Rights Amendment. The plaintiffs, represented by private and public interest counsel, asked the court for monetary, declaratory and injunctive relief, claiming that the city's recently adopted Ordinance 2952 violated both the federal and state constitutions and the FHA. Specifically, the plaintiffs alleged that the ordinance's requirement that anyone wishing to rent a home or apartment prove U.S. citizenship or lawful residence and its requirement that landlords evict all tenants that cannot produce such proof were preempted by federal immigration law, in violation of the due process clause of the federal constitution, and in violation of equal protection measures in the federal and state constitutions and the FHA.

The Northern District had already permanently enjoined a substantially similar law, Ordinance 2903, on May 28, 2008. (See Villas at Parkside Partners v. City of Farmers Branch, and the two cases consolidated with it, Vazquez v. City of Farmers Branch and Barrietos v. City of Farmers Branch, for more information; see also Ramos v. City of Farmers Branch, a case on the ordinance brought in Texas state court.) Ordinance 2952 was passed in response to this injunction, and differed from its predecessor in two main ways: (1) it did not incorporate the HUD (Housing and Urban Development) classification system for non-citizen eligibility for housing, and (2) it reserved all determinations of immigration status to the federal government instead of deputizing landlords or local officials.

On September 12, 2008, the Court (Judge Jane J. Boyle) entered a temporary restraining order against Ordinance 2952, and on September 22 it granted the plaintiffs' motion for a preliminary injunction.

After a series of disputes over discovery and admissible evidence in 2009, on March 24, 2010, the Court (Judge Boyle) granted the plaintiffs' motion for summary judgment and denied that of the defendant. Villas at Parkside Partners v. City of Farmers Branch, 701 F. Supp. 2d 835 (N.D. Tex. 2010). It held that the ordinance was preempted by the Supremacy Clause, in that it was an attempt to regulate in the exclusively federal sphere of immigration, and that it was further preempted by the Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101, et seq., which was meant to be the only means of adjudicating the status of non-citizens and the uniform enforcement of which the ordinance undermined. On March 24, the Court issued an order permanently enjoining the ordinance from being enforced.

The defendants appealed to the U.S. Court of Appeals for the Fifth Circuit, and after hearing arguments (October 4, 2011), a three-judge panel (Judge Thomas M. Reavley, Judge Jennifer W. Elrod and Judge James E. Graves Jr.) affirmed the lower court's decision on March 21, 2012. Villas at Parkside Partner v. City of Farmers Branch, 675 F.3d 802 (5th Cir. 2012). In an opinion by Judge Reavley, the panel held that the ordinance was not, as the city maintained, a residential housing regulation, but an impermissible attempt to regulate immigration that impeded the federal government's ability to uniformly enforce its immigration laws and threatened to interfere with its handling of foreign affairs. Judge Elrod, dissenting in part, would have held that the ordinance merely attached consequences to a federal determination of immigration status and did not attempt to regulate immigration per se, but that it was nonetheless preempted in part because the ordinance granted jurisdiction to state courts to review the immigration status of individuals, thus interfering with federal enforcement.

After the appellate ruling, Farmers Branch petitioned for a rehearing of the case en banc, which a majority of the Fifth Circuit appellate court judges approved on July 31, 2012. Then on July 22, 2013, in a 9-5 judgment, the 14-judge en banc panel struck down the ordinance. The 5-judge plurality opinion (Judge Stephen A. Higginson) held the criminal provisions of the ordinance to be conflict-preempted for presenting an obstacle to the purposes of federal anti-harboring law and federal authority to arrest and detain for possible unlawful presence, while the judicial review section of the ordinance was held to be explicitly preempted because federal law reserves the power to classify non-citizens to the federal government. The plurality proceeded to invalidate the entire law because they found the impermissible portions to be unseverable. The Reavely and Dennis opinions held the entirety of the ordinance conflict-preempted on broader grounds. In her partial concurrence/partial dissent, Judge Owen found only subsection (E)(4) and a sentence of (E)(5) from the judicial review section to be preempted, holding the rest of the ordinance not to be in conflict with federal law.

The 5-judge dissent (Judges Edith H. Jones and Jennifer Walker Elrod) found an even narrower portion of the ordinance's judicial review provisions to have been preempted, maintaining that the rest of the ordinance was not in conflict with federal law. The dissent further found that the plurality's severability analysis was flawed, explaining that the ordinance could stand on its own, even divested of criminal penalties, because of the presence of the civil penalties.

	Document
3:08-cv-01551	Docket [PACER]	April 27, 2015	April 27, 2015 Docket
	Ordinance No. 2952 Villas at Parkside Partners v. Farmers Branch No Court	Jan. 22, 2008	Jan. 22, 2008 Statute/Ordinance/Regulation
1 3:08-cv-01551	Plaintiffs' Complaint and Jury Demand	Sept. 3, 2008	Sept. 3, 2008 Complaint
22 3:08-cv-01551 3:08-cv-01615	Order (consolidating with Case No. 08-1551) Reyes v. City of Farmers Branch	Sept. 16, 2008	Sept. 16, 2008 Order/Opinion
177 3:08-cv-01551	Memorandum Opinion and Order	March 24, 2010	March 24, 2010 Order/Opinion 701 F.Supp.2d 835
3:08-cv-01551	Press Release Villas at Parkside Partners v. City of Farmers Branch No Court	March 24, 2010	March 24, 2010 Press Release
10-10751	Opinion (5th Cir.) U.S. Court of Appeals for the Fifth Circuit	March 21, 2012	March 21, 2012 Order/Opinion 675 F.3d 802
10-10751	Order (granting En Banc rehearing) Villas at Parkside Partners v. Farmers Branch U.S. Court of Appeals for the Fifth Circuit	July 31, 2012	July 31, 2012 Order/Opinion 688 F.3d 801
10-10751	En Banc Opinion Villas at Parkside Partners v. Farmers Branch U.S. Court of Appeals for the Fifth Circuit	July 22, 2013	July 22, 2013 Order/Opinion 726 F.3d 524

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT WITH JURY DEMAND against The City of Farmers Branch Texas filed by Chateau Ritz Partners, Mary Miller Smith, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd. (Filing fee $350; Receipt number 24761) (tln) (Entered: 09/03/2008)	Sept. 3, 2008	Sept. 3, 2008 Clearinghouse
2	CERTIFICATE OF INTERESTED PERSONS by Chateau Ritz Partners, Mary Miller Smith, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd. (tln) (Entered: 09/03/2008)	Sept. 3, 2008	Sept. 3, 2008
3	Summons Issued as to The City of Farmers Branch Texas. (tln) (Entered: 09/03/2008)	Sept. 3, 2008	Sept. 3, 2008
4	SUMMONS Returned Executed as to The City of Farmers Branch Texas ; served on 9/3/2008. (lmp) (Entered: 09/05/2008)	Sept. 4, 2008	Sept. 4, 2008
10	MOTION to Enlarge Page limits for Plaintiffs' Brief In Support of Plaintiffs' Application for Temporary Restraining Order and Preliminary Injunction Relief filed by Chateau Ritz Partners, Mary Miller Smith, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd with Brief/Memorandum in Support. (Biles, C) Modified on 9/9/2008 (svc). (Entered: 09/08/2008)	Sept. 8, 2008	Sept. 8, 2008
11	Plaintiffs' Amended re: 2 Cert. Of Interested Persons/Disclosure Statement filed by Chateau Ritz Partners, Mary Miller Smith, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd (Biles, C) Modified on 9/8/2008 (tln). (Entered: 09/08/2008)	Sept. 8, 2008	Sept. 8, 2008
12	AMENDED DOCUMENT by Chateau Ritz Partners, Mary Miller Smith, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd. Amendment to 7 Appendix in Support,. Main appendix document. (Biles, C) (Entered: 09/08/2008)	Sept. 8, 2008	Sept. 8, 2008
5	MOTION for Temporary Restraining Order and Preliminary Injunctive Relief filed by Chateau Ritz Partners, Mary Miller Smith, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd (Biles, C) (Entered: 09/08/2008)	Sept. 8, 2008	Sept. 8, 2008
6	Brief/Memorandum in Support filed by Chateau Ritz Partners, Mary Miller Smith, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd re 5 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief (Biles, C) (Entered: 09/08/2008)	Sept. 8, 2008	Sept. 8, 2008
7	Appendix in Support filed by Chateau Ritz Partners, Mary Miller Smith, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd re 6 Brief/Memorandum in Support of Motion for Temporary Restraining Order and Injunctive Relief (Attachments: # 1 Appendix, # 2 Appendix, # 3 Appendix, # 4 Appendix, # 5 Appendix, # 6 Appendix, # 7 Appendix) (Biles, C) (Entered: 09/08/2008)	Sept. 8, 2008	Sept. 8, 2008
8	MOTION to Transfer filed by Chateau Ritz Partners, Mary Miller Smith, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd with Brief/Memorandum in Support. (Biles, C) Modified on 9/8/2008 (tln). (Entered: 09/08/2008)	Sept. 8, 2008	Sept. 8, 2008
9	Appendix in Support filed by Chateau Ritz Partners, Mary Miller Smith, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd re 8 MOTION to Transfer (Attachments: # 1 Appendix, # 2 Appendix, # 3 Appendix, # 4 Appendix, # 5 Appendix) (Biles, C) (Entered: 09/08/2008)	Sept. 8, 2008	Sept. 8, 2008
13	ORDER granting 10 Motion to Enlarge Page limits for Plaintiffs' Brief In Support of Plaintiffs' Application for Temporary Restraining Order and Preliminary Injunction. The page limit for Plaintiffs' Brief In Support Of Plaintiffs' Application For A Temporary Restraining Order And Preliminary Injunction is enlarged to thirty-five pages. Defendant's Brief in Support of Its Response to Plaintiffs' Application may also be thirty-five pages. (Signed by Judge Jane J Boyle on 09/09/08) (lmp) (Entered: 09/10/2008)	Sept. 9, 2008	Sept. 9, 2008
14	RESPONSE in Opposition filed by The City of Farmers Branch Texas re 8 MOTION to Transfer Case out of District/Division (Jung, Peter) (Entered: 09/11/2008)	Sept. 11, 2008	Sept. 11, 2008
15	Appendix in Support filed by The City of Farmers Branch Texas re 14 Response in Opposition to Motion to Transfer (Jung, Peter) (Entered: 09/11/2008)	Sept. 11, 2008	Sept. 11, 2008
16	RESPONSE in Opposition filed by The City of Farmers Branch Texas re 5 MOTION for Temporary Restraining Order and Injunctive Relief (Jung, Peter) (Entered: 09/11/2008)	Sept. 11, 2008	Sept. 11, 2008
17	Appendix in Support filed by The City of Farmers Branch Texas re 16 Response in Opposition to Plaintiffs' Application for Temporary Restraining Order and Preliminary Injunctive Relief (Jung, Peter) (Entered: 09/11/2008)	Sept. 11, 2008	Sept. 11, 2008
18	Plaintiffs' REPLY In Support re: 8 MOTION to Transfer Case out of District/Division filed by Chateau Ritz Partners, Mary Miller Smith, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd (Biles, C) (Entered: 09/11/2008)	Sept. 11, 2008	Sept. 11, 2008
19	Application and Order for Admission Pro Hac Vice by Kris W Kobach for The City of Farmers Branch Texas. (Signed by Judge Jane J Boyle on 9/11/08) (svc) (Entered: 09/12/2008)	Sept. 11, 2008	Sept. 11, 2008
20	Declaration of C. Dunham Biles by Chateau Ritz Partners, Mary Miller Smith, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd. (Attachments: # 1 Exhibits 1-5, # 2 Exhibits 6-7, # 3 Exhibit 8, # 4 Exhibits 9-10) (Biles, C) Modified on 9/15/2008 (klm). (Entered: 09/12/2008)	Sept. 12, 2008	Sept. 12, 2008
21	ORDER granting 5 Plaintiffs' Application for Temporary Restraining Order re City of Farmers Branch Ordinance No. 2592. Hearing on the application for preliminary injunction is scheduled for 9/22/2008 at 10:00 a.m. [see TRO for specifics] (Signed by Judge Jane J Boyle on 9/12/2008) (caw) (Entered: 09/12/2008)	Sept. 12, 2008	Sept. 12, 2008
	Minute Entry for proceedings held before Judge Jane J Boyle: Hearing held on 09/12/08. Attorney Appearances: Plaintiff - James Renard; Defense - Peter Jung. (Court Reporter Shawnie Archuleta.) Time in Court: 3 hours 30 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (psm)	Sept. 12, 2008	Sept. 12, 2008
	Set/Reset Deadlines as to Plaintiffs' Application for Preliminary Injunction. Hearing set for 9/22/2008 10:00 AM before Judge Jane J Boyle per doc. 21. (klm)	Sept. 12, 2008	Sept. 12, 2008
	Receipt of payment for Registry Fund. Authorized by 21 Order on Motion for TRO,. $1,500.00; Receipt # DS025093. (axc)	Sept. 15, 2008	Sept. 15, 2008
22	ORDER CONSOLIDATING CASES: Civil Action No. 3:08-CV-1615-B is hereby consolidated with Civil Action No. 3:08-CV-1551-B. (see order) (Signed by Judge Jane J Boyle on 9/16/2008) (axm) Modified on 9/17/2008 (axm). (Entered: 09/16/2008)	Sept. 16, 2008	Sept. 16, 2008 Clearinghouse
23	ORDER: Consolidated Plaintiffs should file any Motion for Preliminary Injunction and supporting material no later than 9/19/2008 at noon. Defendant may submit a written response no later than 9 a.m. on 9/22/2008. The hearing on Consolidated Plaintiffs' Motion (if any) will be consolidated with the hearing on the original Plaintiffs' Application for Preliminary Injunction already set 9/22/2008 at 10:00 a.m. (Signed by Judge Jane J Boyle on 9/16/2008) (axm) (Entered: 09/16/2008)	Sept. 16, 2008	Sept. 16, 2008
24	CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by The City of Farmers Branch Texas. (Jung, Peter) (Entered: 09/17/2008)	Sept. 17, 2008	Sept. 17, 2008
25	MOTION for Preliminary Injunction filed by Valentin Reyes, Alicia Garcia, Ginger Edwards, Jose Guadalupe Arias, Alfred Vasquez, Maria de la Luz Vasquez, Aide Garza. (Attachments: # 1 Text of Proposed Order) (Perales, Nina) Modified on 9/19/2008 (klm). (Entered: 09/18/2008)	Sept. 18, 2008	Sept. 18, 2008
26	MOTION for Leave to Extend Page Limitations to Plaintiffs' Memorandum of Law in Support of their Application for a Preliminary Injunction filed by Valentin Reyes, Alicia Garcia, Ginger Edwards, Jose Guadalupe Arias, Alfred Vasquez, Maria de la Luz Vasquez, Aide Garza. (Attachments: # 1 Text of Proposed Order) (Perales, Nina) Modified on 9/19/2008 (klm). (Entered: 09/18/2008)	Sept. 18, 2008	Sept. 18, 2008
27	Brief/Memorandum in Support filed by Valentin Reyes, Alicia Garcia, Ginger Edwards, Jose Guadalupe Arias, Alfred Vasquez, Maria de la Luz Vasquez, Aide Garza. re 26 MOTION for Leave to File Excess Pages, 25 MOTION for Preliminary Injunction. (Attachments: # 1 Appendix) (Perales, Nina) Modified on 9/19/2008 (klm). (Entered: 09/18/2008)	Sept. 18, 2008	Sept. 18, 2008
28	ORDER granting 26 Motion for Leave to Extend Page Limitations to Plaintiffs' Memorandum of Law in Support of their Application for a Preliminary Injunction. Consolidated Plaintiffs' Motion will be allowed to remain on file. (Signed by Judge Jane J Boyle on 09/19/08) (lmp) (Entered: 09/19/2008)	Sept. 19, 2008	Sept. 19, 2008
29	MOTION for Entry of Scheduling Order filed by Alfredo Vasquez, Maria de la Luz Vasquez, Aide Garza, Valentin Reyes, Alicia Garcia, Ginger Edwards, Jose Guadalupe Arias with Brief/Memorandum in Support. (Attachments: # 1 Text of Proposed Order) (Perales, Nina) Modified on 9/22/2008 (jrb). (Entered: 09/19/2008)	Sept. 19, 2008	Sept. 19, 2008
31	Application and Order for Admission Pro Hac Vice by Farrin R Anello for Alfredo Vasquez, Maria de la Luz Vasquez, Aide Garza, Chateau Ritz Partners, Mary Miller Smith, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd, Valentin Reyes, Alicia Garcia, Ginger Edwards and Jose Guadalupe Arias. (Signed by Judge Jane J Boyle on 9/19/2008) (axm) (Entered: 09/22/2008)	Sept. 19, 2008	Sept. 19, 2008
30	OBJECTION to Preliminary Injunction Evidence re: 12 Amended Document, 27 Brief/Memorandum in Support of Motion, 20 Affidavit, 7 Appendix in Support, filed by The City of Farmers Branch Texas (Jung, Peter) (Entered: 09/22/2008)	Sept. 22, 2008	Sept. 22, 2008
33	AGREED PRELIMINARY INJUNCTION AND PRETRIAL SCHEDULING ORDER. The Court hereby Grants the 25 Motion for Preliminary Injunction. It is further ordered that the bond posted by the Villas Plaintiffs in connection with the Court's temporary restraining order shall serve as Plaintiffs' bond for this Preliminary Injunction. (see order) (Signed by Judge Jane J Boyle on 09/22/2008) (axm) (Entered: 09/23/2008)	Sept. 22, 2008	Sept. 22, 2008
	Minute Entry for proceedings held before Judge Jane J Boyle: Hearing held on 09/22/08. Attorney Appearances: Plaintiff - James Renard; Defense - Peter Jung. (Court Reporter Shawnie Archuleta.) Time in Court: 10 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (psm)	Sept. 22, 2008	Sept. 22, 2008
	Set/Reset Deadlines per Order (doc 33): Discovery due by 10/22/2008. Motions due by 10/29/2008. Responses due by 11/10/2008. (axm)	Sept. 22, 2008	Sept. 22, 2008
32	ANSWER to 1 Complaint with Jury Demand filed by The City of Farmers Branch Texas (Jung, Peter) Modified on 9/24/2008 (jrb). (Entered: 09/23/2008)	Sept. 23, 2008	Sept. 23, 2008
34	NOTICE of Attorney Appearance by Marisol L Perez for Farrin R. Anello on behalf of Alfredo Vasquez, Maria de la Luz Vasquez, Aide Garza, Valentin Reyes, Alicia Garcia, Ginger Edwards, Jose Guadalupe Arias. (Perez, Marisol) (Entered: 09/24/2008)	Sept. 24, 2008	Sept. 24, 2008
35	ORDER denying 8 Motion to Transfer Case. (see order) (Signed by Judge Jane J Boyle on 12/26/08) (lmp) Modified on 9/29/2008 (lmp). (Entered: 09/29/2008)	Sept. 26, 2008	Sept. 26, 2008

Case: Villas at Parkside Partners v. City of Farmers Branch

3:08-cv-01551 | U.S. District Court for the Northern District of Texas

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