Case: Keith v. Century Housing Corp.

2:72-cv-00355 | U.S. District Court for the Central District of California

Filed Date: Feb. 16, 1972

Closed Date: May 18, 2018

Clearinghouse coding complete

Case Summary

This action was brought in the U.S. District Court for the Central District of California on February 16, 1972, to try to stop the construction of the Century Freeway, also known as I-105, in Los Angeles. Private homeowners who were set to be displaced by the construction and several advocacy organizations, including the Sierra Club, the Environmental Defense Fund, and the NAACP, sued various state and federal agencies and officials and alleged violations of the National Environmental Policy Ac…

This action was brought in the U.S. District Court for the Central District of California on February 16, 1972, to try to stop the construction of the Century Freeway, also known as I-105, in Los Angeles. Private homeowners who were set to be displaced by the construction and several advocacy organizations, including the Sierra Club, the Environmental Defense Fund, and the NAACP, sued various state and federal agencies and officials and alleged violations of the National Environmental Policy Act of 1969, the California Environmental Quality Act of 1970, the Federal-Aid Highway Act of 1968, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. They sought injunctive relief to halt construction of the freeway until the defendants complied with state and federal environmental, civil rights, and housing laws to provide replacement housing for displaced residents without discrimination based on race or socioeconomic status and to include public participation in hearings regarding the project. The case was assigned to Judge Harry Pregerson.

On July 7, 1972, the district court issued a preliminary injunction which prohibited further work on the freeway until federal and state officials complied with environmental and relocation assistance statutes. 352 F. Supp. 1324. The Ninth Circuit upheld the preliminary injunction on September 27, 1974. 506 F.2d 696. The United States Supreme Court denied certiorari on January 27, 1975. 

After years of negotiations and the completion of an Environmental Impact Statement (EIS), the parties entered into a consent decree which established the Century Freeway Housing Program to replace 4,200 homes that would be lost during construction. The decree also set local hiring, job training, and contracting goals which were to be overseen by the Century Freeway Affirmative Action Committee and the Office of the Advocate for Corridor Residents. The district court approved the consent decree in October 1979, which dissolved the preliminary injunction and permitted further work on the freeway as proposed in the EIS. Under the consent decree, the court retained jurisdiction until it entered a judgment of dismissal upon the parties’ compliance with the decree’s terms.

The plaintiffs filed for attorneys fees and costs, which the district court granted in the amounts of $2,204,534.99 and $24,778.12 on March 31, 1980. 501 F. Supp. 403. The consent decree was amended and approved by the district court on September 22, 1981.

In 1995, the consent decree was further amended to privatize the housing replacement program and establish the new Century Housing Corporation, which was the first conversion of a state agency to an independent nonprofit corporation in California. The replenishment program produced 5,700 affordable homes over 14 years and managed programs related to education, job training and employment, child development, senior wellness, and homeless veterans services.

In July 1996, the plaintiffs filed for injunctive relief to prevent the California Department of Transportation (Caltrans) from issuing permits that would allow an advertiser to place billboards along I-105 on the grounds that the consent decree required the highway to be a “landscaped freeway.” Caltrans did not oppose the motion, which Judge Pregerson granted on October 2, 1996. 965 F.Supp. 1337. The advertiser appealed to the Ninth Circuit, which reversed on July 9, 1997 on the grounds that the consent decree could not override valid state law regulating outdoor advertising. 118 F.3d 1386.

On April 10, 1997, District Court Judge Dean D. Pregerson granted Century Housing’s motion to modify the consent decree to, among other things, expand the geographic area within which Century Housing could produce affordable housing. The court denied the plantiffs’ cross-motion for modifications, including the establishment of an ombudsperson, on the grounds that the proposed changes would preserve constraints formerly binding state administration of the program, which was no longer appropriate under private administration. 960 F.Supp. 1448. Century Housing argued that it had effectively met all requirements of the consent decree at this point, but it wanted to continue to operate as an affordable housing provider beyond the scope of its original consent decree.

On March 29, 2000, the parties stipulated that the court’s jurisdiction should be extended to October 13, 2003. The court never officially extended its jurisdiction, but Century Housing continued to file quarterly status reports with Judge Pregerson until his death in November 2017, although official docket activity paused after February 2007. In 2010, Century Housing was certified by the U.S. Treasury as a Community Development Financial Institution and expanded its operations to Kern and San Diego Counties. In 2015, it reached a milestone of $1 billion in financing and the development of more than 25,000 homes.

On May 3, 2018, the Century Housing Corporation filed a motion to dismiss the case because it had complied with the consent decree and the case was long dormant. District Court Judge Virginia A. Phillips granted the motion on May 8, 2018. This case is now closed.

Summary Authors

Robin Peterson (5/23/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6550690/parties/ralph-w-keith-v-century-housing-corp/


Judge(s)

Pregerson, Harry (California)

show all people

Documents in the Clearinghouse

Document

2:72-cv-00355

Memorandum and Order Granting in Part and Denying in Part Plaintiffs' Motion for a Preliminary Injunction

Keith v. Volpe

July 7, 1972

July 7, 1972

Order/Opinion

352 F.Supp. 352

No. 72-3072

Opinion

Keith v. California Highway Commission v. Brinegar

U.S. Court of Appeals for the Ninth Circuit

Sept. 27, 1975

Sept. 27, 1975

Order/Opinion

506 F.2d 506

2:72-cv-00355

Memorandum and Order Granting Plaintiffs' Counsel Reasonable Attorney's Fees and Reimbursement for Certain Costs and Expenses

Keith v. Volpe

March 31, 1980

March 31, 1980

Order/Opinion

501 F.Supp. 501

2:72-cv-00355

Order Granting Plaintiffs' Motion for Preliminary Injunction

Keith v. Volpe

Oct. 2, 1996

Oct. 2, 1996

Order/Opinion

965 F.Supp. 965

2:72-cv-00355

Corrected Memorandum and Order Granting Defendant Century Housing Corporation's Motion for Modification of Exhibits B and C of the Amended Consent Decree and Denying Plaintiffs' Motion for Modification of Exhibits B and C and the Addition of Exhibit D to the Amended Consent Decree

Keith v. Volpe

April 10, 1997

April 10, 1997

Order/Opinion

960 F.Supp. 960

No. 96–56437

Opinion

Keith v. Volpe

U.S. Court of Appeals for the Ninth Circuit

July 9, 1997

July 9, 1997

Order/Opinion

118 F.3d 118

33

2:72-cv-00355

Motion for Order Dismissing Defendant Century Housing Corporation

Keith v. Volpe

May 3, 2018

May 3, 2018

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6550690/ralph-w-keith-v-century-housing-corp/

Last updated March 9, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link

COMPLAINT filed; Summons issued (jag)

Feb. 16, 1972

Feb. 16, 1972

PACER

FOR ALL PREVIOUS DOCKETING, REFER TO THE PAPER DOCKET (THERE WERE NO DOCUMENT CONTROL NUMBERS ASSIGNED TO DOCKET ENTRIES ON THIS 1972 CASE, THEREFORE FUTURE DOCKET ENTRIES WILL CONTINUE TO HAVE NO DOCUMENT CONTROL NUMBERS) (lc) Modified on 06/14/2000

March 29, 2000

March 29, 2000

PACER

STIPULATION and ORDER by Judge Harry Pregerson extending the jurisdiction of the Court. The ptys agree, that the Court's juris shld be ext thru the year 2003. Therfore the juris of the Crt is hereby extended to October 13, 2003 [Entry 4/11/00] (lk) (lc)

March 29, 2000

March 29, 2000

PACER

STATUS REPORT on the implementaiton of the amd final consent decree (2nd qtr 2000) by plaintiffs (lc)

May 25, 2000

May 25, 2000

PACER

REPORT of qtr ending 3/31/00; resident & ownership srvs rpt for qtr end 3/31/00 & div of equal opportunity development reprot for qtr ending 3/31/00 filed by defendant Century Housing Corp (lc)

June 12, 2000

June 12, 2000

PACER

NOTICE OF CHANGE Of law firm assn (firm name change) frm Hall & Assoc to Hall & Hendersonfiled by atty Bethany A Dreyfus for plaintiff Ralph W Keith, Andrew R Henderson for plaintiffs (lc)

June 30, 2000

June 30, 2000

PACER

REPORT FOR QTR ending 6/30/00 & division of Equal Opp Development rpt for Qtr ending 6/30/00 by defendant Century Housing Corp (lc)

Sept. 8, 2000

Sept. 8, 2000

PACER

STATUS REPORT on the implementation of amended final consent decree during 3rd qtr 2000 by plaintiff Ralph W Keith (lc)

Dec. 8, 2000

Dec. 8, 2000

PACER

REPORT of qtr ending 9/30/00; & division of Equal Opportunity Development Rpt for qtr 3nd 9/30/00 filed by defendant Century Housing Corp (lc)

Jan. 4, 2001

Jan. 4, 2001

PACER

REPORT for quarter ending 12/31/00; & Division of Equal Opportunity Devleopment Rpt for 12/31/00 filed by defendant Century Housing Corp (lc)

Feb. 26, 2001

Feb. 26, 2001

PACER
1

REPORT of quarter ending 3/31/01 & Division of Equal Opportunity Development rpt for quarter ending 3/31/01 filed by defendant Century Housing Corp (lc) (Entered: 06/27/2001)

June 25, 2001

June 25, 2001

PACER
2

REPORT of quarter ending 6/30/01 of Century Housing Corp & of Division of Equal Opportunity Development filed by defendant Century Housing Corp (lc) (Entered: 08/22/2001)

Aug. 21, 2001

Aug. 21, 2001

PACER
3

STATUS REPORT re implementation of the amd final consent decree thru 6/30/01 by plaintiff (lc) (Entered: 09/06/2001)

Sept. 4, 2001

Sept. 4, 2001

PACER
4

CENTURY HOUSING CORPORATION'S & DIVISION OF EQUAL OPPORTUNITY DEVELOPMENT REPORT for quarter ending 9/30/01 filed by defendant Century Housing Corp (lc) (Entered: 11/28/2001)

Nov. 26, 2001

Nov. 26, 2001

PACER
5

MINUTES: In chambers: Cnsl shall file w/the Crt w/i 20 days a rpt that sets forth in detail the present status of the $1.75 million fund that ea pty se aside to develop a child care facility w/i the I-105 corridor area by Judge Harry Pregerson CR: none (lc) (Entered: 12/07/2001)

Dec. 7, 2001

Dec. 7, 2001

PACER
6

REPORT re status of child care facilities filed by defendant Century Housing Corp (lc) (Entered: 01/03/2002)

Dec. 26, 2001

Dec. 26, 2001

PACER
7

REPORT of child care projects filed by plaintiff Ralph W Keith (lc) (Entered: 01/03/2002)

Dec. 26, 2001

Dec. 26, 2001

PACER
8

REPORT FOR THE QUARTER ENDING 12/31/01 & DIVISON OF EQUAL OPPORTUNITY DEVELOPMENT RPT FOR THE QUARTER ENDING 12/31/02 filed by defendant Century Housing Corp (pj) (Entered: 03/28/2002)

March 21, 2002

March 21, 2002

PACER
9

REPORT for the quarter ending March 31, 2002 filed by defendant Century Housing Corp (bp) (Entered: 07/10/2002)

July 3, 2002

July 3, 2002

PACER
10

REPORT For The Quarter Ending June 30, 2002 and Division of Equal Opportunity Development Rpt for the Quarter Ending 6/30/02 filed by defendant Century Housing Corp (nhac) (Entered: 10/10/2002)

Oct. 4, 2002

Oct. 4, 2002

PACER
11

NOTICE of application for leave to withraw as attorney of record for plaintiff Sierra Club only but will continue as attorney of record for other plaintiffs (former law firm of Hall and Henderson dissolved and now relocated to Akin gump Strauss Hauer & Feld by plaintiff (lc) (Entered: 01/06/2003)

Dec. 6, 2002

Dec. 6, 2002

PACER
12

ATTORNEY SUBSTITUTION: terminating Carlyle W Hall Jr by plaintiff Sierra Club and substituting Jan Chatten-Brown & Associates attorney by Judge Consuelo B. Marshall (lc) (Entered: 01/06/2003)

Jan. 3, 2003

Jan. 3, 2003

PACER
13

NOTICE OF CHANGE Of Address: Now assocated with Akin gump Strauss Hauer & Feld; 2029 Century Park East, Stuite 2400; Los Angeles, CA 90067; 310-728-3241; fax 310-728-2242; e-mail cwhall@akingump.com filed by atty Carlyle W Hall Jr for plaintiff Ralph W Keith (lc) (Entered: 01/06/2003)

Jan. 6, 2003

Jan. 6, 2003

PACER
14

REPORT of FOR QUARTER ENDING SEPTEMBER 30, 2002; and Division of Equal Opportunity Development REPORT for the Quarter ending September 30, 2002 filed by defendant Century Housing Corp (pj) (Entered: 06/02/2003)

May 23, 2003

May 23, 2003

PACER
15

Defendant Century Housing Corporation's REPORT for the quarter ending December 31, 2002, and Division of Equal Opportunity Development Report for the Quarter ending December 31, 2002 filed by defendant Century Housing Corp (shb) (Entered: 07/11/2003)

July 2, 2003

July 2, 2003

PACER
16

REPORT filed by defendant Century Housing Corp for the Quarter Ending 3/31/03; and Division of Equal Opportunity Development Report for the Quarter ending 3/31/03 (el) (Entered: 08/05/2003)

July 29, 2003

July 29, 2003

PACER
17

RECORD on appeal returned from U.S. Court of Appeals transcripts: 3. (weap) (Entered: 08/26/2003)

Aug. 20, 2003

Aug. 20, 2003

PACER
18

REPORT to the Court re: status of implementation of the amended final consent decree re activities through September 30, 2003 by plaintiffs (jp) (Entered: 12/05/2003)

Nov. 26, 2003

Nov. 26, 2003

PACER
19

Report for the Quarter ending 9/30/03; and Division of Equal Opportunity Development Report for the Quarter ending 9/30/03 filed by Defendant Century Housing Corporation. (el, ) (Entered: 02/20/2004)

Jan. 22, 2004

Jan. 22, 2004

PACER
20

DEFENDANT CENTURY HOUSING CORPORATIONS REPORT FOR THE QUARTER ENDING 12/31/2003; and Division of Equal Opportunity Development Report for the QUARTER ENDING 12/31/2003. (el, ) (Entered: 06/30/2004)

June 28, 2004

June 28, 2004

PACER
21

Report for Quarter Ending 3/31/2004 and Division of Equal Opportunity Development Report for the Quarter Ending 3/31/2004 filed by Defendant Century Housing Corporation. (el, ) (Entered: 08/10/2004)

Aug. 3, 2004

Aug. 3, 2004

PACER
22

Report for the Quarter Ending 6/30/2004; and Division of Equal Opportunity Development Report for the Quarter Ending 6/30/2004 filed by Defendant Century Housing Corporation. (el, ) (Entered: 10/12/2004)

Oct. 6, 2004

Oct. 6, 2004

PACER
23

Defendant Century Housing Corporation's Report of the Quarter Ending September 30, 2004, and Division of Equal Opportunity Development Report for the Quarter Ending September 30, 2004 filed by Defendant Century Housing Corporation. (shb, ) (Entered: 02/09/2005)

Feb. 2, 2005

Feb. 2, 2005

PACER
24

Report for the quarter ending 12/31/04 and division of equal opportunity development report filed by Defendant Century Housing Corporation. (jag, ) (Entered: 04/27/2005)

April 15, 2005

April 15, 2005

PACER
25

Report for the quarter ending 6/30/05 and division of equal opportunity development report for the quarter ending 6/30/05 filed by Defendant Century Housing Corporation. (mu, ) (Entered: 01/31/2006)

Jan. 18, 2006

Jan. 18, 2006

PACER
26

Report for the quarter ending 3/31/05 and division of equal opportunity development report for the quarter ending 3/31/05 filed by Defendant Century Housing Corporation. (mu, ) (Entered: 01/31/2006)

Jan. 18, 2006

Jan. 18, 2006

PACER
27

Report for the quarter ending 9/30/05 and divsion of equal opportunity development report for the quarter ending 9/30/05 filed by Defendant Century Housing Corporation. (jag, ) (Entered: 03/01/2006)

Feb. 22, 2006

Feb. 22, 2006

PACER
28

DEFENDANT CENTURY HOUSING CORPORATION'S REPORT FOR THE QUARTER ENDING DECEMBER 31, 2005; AND DIVISION OF EQUAL OPPORTUNITY DEVELOPMENT REPORT FOR THE QUARTER ENDING DECEMBER 31, 2005 filed by Defendant Century Housing Corporation. (shb, ) (Entered: 06/06/2006)

May 25, 2006

May 25, 2006

PACER
29

Defendant Century Housing Corporation's REPORT for the Quarter ending March 31, 2006; and Division of Equal Oppostunity development REPORT for the Quarter ending March 31, 2006 filed by Defendant Century Housing Corporation. (shb, ) (Entered: 06/08/2006)

June 5, 2006

June 5, 2006

PACER
30

Report for the Quarter Ending June 30, 2006 and Division of Equal Opportunity Development Report for the Quarter Ending June 30, 2006 filed by Defendant Century Housing Corporation. (jp) (Entered: 08/25/2006)

Aug. 10, 2006

Aug. 10, 2006

PACER
31

Report for the quarter ending September 30, 2006; and division of equal opportunity development report for the quarter ending September 30, 2006 filed by Defendant Century Housing Corporation. (et) (Entered: 11/22/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
32

Report for the Quarter Ending December 31, 2006; and Division of Equal Opportunity Development Report for the Quarter Ending December 31, 2006 filed by Defendant Century Housing Corporation. (pcl, ) (Entered: 02/21/2007)

Feb. 8, 2007

Feb. 8, 2007

PACER
33

NOTICE OF MOTION AND MOTION to Dismiss defendant Century Housing Corporation filed by defendant Century Housing Corporation. Motion set for hearing on 6/4/2018 at 08:30 AM before Judge Harry Pregerson. (Attachments: # 1 Proposed Order) (Attorney Richard Alan Fond added to party Century Housing Corporation(pty:dft)) (Fond, Richard) (Entered: 05/03/2018)

May 3, 2018

May 3, 2018

Clearinghouse
34

ORDER by Judge Virginia A. Phillips: GRANTING 33 MOTION to Dismiss Defendant Century Housing Corporation. (shb) (Entered: 05/09/2018)

May 8, 2018

May 8, 2018

PACER

Case Details

State / Territory: California

Case Type(s):

Environmental Justice

Key Dates

Filing Date: Feb. 16, 1972

Closing Date: May 18, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Private homeowners displaced by the construction of the Century Freeway.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of California, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

National Environmental Protection Act, 42 U.S.C. §§ 4321–4370f

Available Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Reporting

Goals (e.g., for hiring, admissions)

Preliminary relief request withdrawn/mooted

Amount Defendant Pays: $2,229,313

Order Duration: 1981 - 2003

Issues

General/Misc.:

Housing

Road construction

Environmental Justice and Resources:

Environmental Impact Statements