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

3:06-cv-02371 | U.S. District Court for the Northern District of Texas

Filed Date: Dec. 22, 2006

Closed Date: Sept. 2, 2010

Clearinghouse coding complete

Case Summary

This case is one of four lawsuits filed against the City of Farmers Branch, Texas, to challenge the City's anti-immigrant housing law, Ordinance 2892 (subsequently repealed and reenacted in slightly altered form as Ordinance 2903). See IM-TX-0001, IM-TX-0002 and IM-TX-0004. This case and two others filed in the U.S. District Court for the Northern District of Texas, Vazquez v. City of Farmers Branch (IM-TX-0001) and Barrientos v. City of Farmers Branch (IM-TX-0002) were assigned to District Co…

This case is one of four lawsuits filed against the City of Farmers Branch, Texas, to challenge the City's anti-immigrant housing law, Ordinance 2892 (subsequently repealed and reenacted in slightly altered form as Ordinance 2903). See IM-TX-0001, IM-TX-0002 and IM-TX-0004. This case and two others filed in the U.S. District Court for the Northern District of Texas, Vazquez v. City of Farmers Branch (IM-TX-0001) and Barrientos v. City of Farmers Branch (IM-TX-0002) were assigned to District Court Judge Sam A. Lindsay. Judge Lindsay ordered that the three cases before him be consolidated. Villas at Parkside Partners v. City of Farmers Branch was designated as the lead case for purposes of the consolidated action.

The Ordinance required apartment owners and managers to determine the citizenship or immigration status of their tenants and imposed penalties for their failure to do so. It was largely patterned after similar ordinances enacted by local governments in Hazelton, Pennsylvania, and Escondido, California. The constitutionality of those ordinances has also been challenged. See IM-PA-0001 and IM-CA-0001.

On May 12, 2007, the voters of Farmers Branch approved Ordinance 2903 by a margin of 4,058 to 1,941. On May 21, 2007, a day before the Ordinance was to go into effect, the District Court (Judge Lindsay) granted plaintiffs' applications for a temporary restraining order enjoining enforcement of the Ordinance. Villas at Parkside Partners v. City of Farmers Branch, 2007 WL 1498763, 2007 U.S. Dist. LEXIS 36918 (N.D. Tex. May 21, 2007). Plaintiffs were ordered to post a $1500 security bond.

On June 1, 2007, the Court (Judge Lindsay) dismissed the Barrientos plaintiffs' complaint for lack of standing. The Court reasoned that since the Barrientos plaintiffs operated retail businesses in Farmers Branch and were not tenants or property owners, the Ordinance had no direct effect on them. As such, they had no standing to challenge the Ordinance. The Court also denied the Federation of American Immigration Reform, Inc. leave to intervene in the case on behalf of the defendants. Villas at Parkside Partners v. City of Farmers Branch, 245 F.R.D. 551 (N.D. Tex. 2007).

A preliminary injunction hearing was held on June 5, 2007, and on June 19, 2007, the Court (Judge Lindsay) issued a preliminary injunction, enjoining Farmers Branch from enforcing Ordinance 2903 pending a trial on the merits. He found that as the Ordinance attempted to regulate immigration, and did so differently from the federal government, it was preempted by the Supremacy Clause of the U.S. Constitution. Villas at Parkside Partners v. City of Farmers Branch, 496 F.Supp.2d 757 (N.D. Tex. 2007). Farmers Branch then requested an increase in the amount of the bond posted by plaintiffs. That request was denied.

On June 26, 2007, the Court (Judge Lindsay) denied the City's motion to dismiss plaintiffs' complaints for failure to state a claim and lack of subject matter jurisdiction. Villas at Parkside Partners v. City of Farmers Branch, 2007 WL 1836844, 2007 U.S. Dist. LEXIS 46508 (N.D. Tex. June 26, 2007). On December 11, 2007, however, the Court (Judge Lindsay) granted a more narrowly drawn motion by the City to dismiss the Villa plaintiffs' claims for compensatory damages, finding that the Villa plaintiffs had suffered no damage from the Ordinance because it had never come into force due to the temporary restraining order and preliminary injunction issued by the Court. Villas at Parkside Partners v. City of Farmers Branch, No. 3:06-CV-2371-L, 2007 WL 4322147, 2007 U.S. Dist. LEXIS 91021 (N.D. Tex. Dec. 11, 2007).

On February 22, 2008, the plaintiffs filed a motion for partial summary judgment on the issues of preemption and due process violation. The City also filed for summary judgment on the same day. On May 28, 2008, the Court (Judge Lindsay) granted the plaintiffs' motion and deferred ruling on that of the City. Villas at Parkside Partners v. City of Farmers Branch, 577 F.Supp.2d 858 (N.D. Tex. 2008). It found that the Ordinance was both preempted and a violation of due process and that a permanent injunction should be issued barring its enforcement.

Following its granting of partial summary judgment to the plaintiffs, the Court allowed the parties to brief it regarding plaintiffs' remaining claims and whether judgment should be entered. After briefing, on August 29, 2008, the Court (Judge Lindsay) denied the City's motion for summary judgment, and denied plaintiffs' motion for summary judgment on the rest of its claims as moot, as they sought relief identical to that plaintiffs had already been granted. Villas at Parkside Partners v. City of Farmers Branch, 577 F.Supp.2d 851 (N.D. Tex. 2008). On the same day, the Court entered judgment for the plaintiffs and issued a permanent injunction barring the enforcement of the Ordinance.

There was no appeal, as the City had already passed a third iteration of the law, Ordinance 2952. (See IM-TX-0028 for the case on this law.) A dispute over attorney's fees was submitted to mediation and settled in 2009, although another mediation report in 2010 stated that the parties were unable to reach a settlement.

This case is now closed.

Summary Authors

Christopher Schad (6/5/2012)

Ava Morgenstern (9/19/2017)

Related Cases

Ramos v. City of Farmers Branch, Texas state trial court (2006)

Vazquez v. City of Farmers Branch, Northern District of Texas (2006)

Barrietos v. City of Farmers Branch, Northern District of Texas (2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4848907/parties/villas-at-parkside-partners-v-the-city-of-farmers-branch-texas/


Judge(s)

Lindsay, Sam A. (Texas)

Attorneys(s) for Plaintiff

Barr, John Holman (Texas)

Bernal, Diego Manuel (Texas)

Biles, C. Dunham (Texas)

Bono, Marisa (Texas)

Brewer, William A. III (Texas)

Broiles, David (Texas)

Browne, Lori Martin (Texas)

Caplan, Katharine J (Texas)

Chang, Jennifer (California)

Judge(s)

Lindsay, Sam A. (Texas)

Attorneys(s) for Plaintiff

Barr, John Holman (Texas)

Bernal, Diego Manuel (Texas)

Biles, C. Dunham (Texas)

Bono, Marisa (Texas)

Brewer, William A. III (Texas)

Broiles, David (Texas)

Browne, Lori Martin (Texas)

Caplan, Katharine J (Texas)

Chang, Jennifer (California)

Edwards, Kenneth W (Texas)

Gardner, Michael S. (Texas)

Gelernt, Lee (New York)

Graybill, Lisa Shawn (Texas)

Guttentag, Lucas (California)

Healey, David J. (Texas)

Hinojosa, David G. (Texas)

Jadwat, Omar C. (New York)

Nelson, Forest (Texas)

Newell, Jennifer Chang (California)

Perales, Nina (Texas)

Perez, Marisol Linda (Texas)

Renard, James S. (Texas)

Smith, Michael L. (Texas)

Swartz, Andrew R (Texas)

Urias, David Herrera (Texas)

Attorneys(s) for Defendant

Boyle, Matthew (Texas)

Dalton, D Paul (Texas)

Dowdy, William Trey C. III (Texas)

Frazier, Charles T Jr. (Texas)

Jung, P. Michael (Texas)

Kallas, Michael K. (Texas)

Masso, Jadd F (Texas)

Noga, Darrell G-M (Texas)

Orr, Kristy J. (Texas)

Shanes, Scott (Texas)

Other Attorney(s)

Eberstein, Brian Arnold (Texas)

Hethmon, Michael M. (District of Columbia)

Jancaitis, Sara Kate (Texas)

Watten, Steven Paul (Texas)

Documents in the Clearinghouse

Document

3:06-cv-02371

Docket [PACER]

Nov. 3, 2016

Nov. 3, 2016

Docket
32

3:06-cv-02371

Plaintiffs’ Second Amended Complaint

March 9, 2007

March 9, 2007

Complaint
81

3:06-cv-02371

Memorandum Opinion and Order Granting Temporary Restraining Order

2007 WL 1498763, 2007 U.S.Dist.LEXIS 36918

May 21, 2007

May 21, 2007

Order/Opinion
101

3:06-cv-02371

Memorandum Opinion and Order [Granting Defendant's Motion to Dismiss Barrientos Plaintiffs' Complaint]

245 F.R.D. 551

June 1, 2007

June 1, 2007

Order/Opinion
109

3:06-cv-02371

3:06-cv-02376

3:07-cv-00061

Memorandum and Order Granting Preliminary Injunction

496 F.Supp.2d 757

June 19, 2007

June 19, 2007

Order/Opinion
110

3:06-cv-02371

Memorandum Opinion and Order [Denying Defendant's Motions to Dismiss]

2007 WL 1836844, 2007 U.S.Dist.LEXIS 46508

June 26, 2007

June 26, 2007

Order/Opinion
121

3:06-cv-02371

Memorandum Opinion and Order [Granting Defendant's Motion to Dismiss Claim for Compensatory Damages]

2007 WL 4322147, 2007 U.S.Dist.LEXIS 91021

Dec. 11, 2007

Dec. 11, 2007

Order/Opinion
153

3:06-cv-02371

Memorandum Opinion and Order Granting Permanent Injunction

577 F.Supp.2d 858

May 28, 2008

May 28, 2008

Order/Opinion
168

3:06-cv-02371

Memorandum Opinion and Order [Dismissing Remaining Claims as Moot]

577 F.Supp.2d 851

Aug. 29, 2008

Aug. 29, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4848907/villas-at-parkside-partners-v-the-city-of-farmers-branch-texas/

Last updated June 9, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
81

Memorandum Opinion and Order granting 66 Motion for TRO filed by Lakeview at Parkside Partners Ltd, Chateau Ritz Partners, Villas at Parkside Partners; granting 60 Motion for TRO filed by Jane Does #2 and 3, and John Does #1 and 2, Alfredo Vasque z, Jane Doe #1, Andrew Mongeon, Ramiro Perez, Jane Doe #4 and John Doe #3, Todd Mongeon; denying 63 Motion for TRO filed by Elva Rodriguez, Juan Sanchez, Magdalene Rangel, Ana R Montoya, Rafael Garcia, Elizabeth Barrietos, Victorino Calexes, Belen Ortiz, Felipa Zamora, Guillermo Gil, Alicia Alvarado, Raymundo Foertes, Su You, Ana Cecilia Castro, Tanveer Yousuf, Dung Tran, Aslan Rafizadeh, Ramon Pacheco, Reyna Figueroa, Marta Castillo, John Does 1-25, Giovary Garcia, Sandra Trejo, Eusebio Eduar do Egusquiza, Janes Does 1-25, Oscar Garcia, Maria C Perales, Adela Reyes, Otto Barrera, Martha A Gonzalez, Monica V Barrientos. Accordingly, the court hereby sets a bond in the amount of $1,500 for the Villas Plaintiffs and $1,500 for the Vasquez Plaintiffs. This temporary restraining order shall not take effect until each group of Plaintiffs tenders to the clerk of the court $1,500 cash, or a bond for $1,500 in a form approved by the clerk of the court, in compliance with Rule 65(c) of the Federal Rules of Civil Procedure. [see order for specifics] (Signed by Judge Sam A Lindsay on 5/21/07) (ctf-cxb)

May 21, 2007

May 21, 2007

RECAP
101

Memorandum Opinion and Order denying Motion of Federation of American Immigration Reform, Inc. for Leave to Intervene as Defendant and to File an Answer, filed January 26, 2007; granting Defendant City of Farmers Branch's Rule 12(b)(1)and 12(b)( 6) Motion to Dismiss, filed March 8, 2007; granting 40 [Villas] Plaintiffs' Unopposed Motion to Enlarge Time to Respond to Defendant's Motion to Dismiss, filed April 17, 2007; granting 86 [Barrientos] Plaintiffs' Motion for Leave t o File Amended Complaint, filed May 23, 2007; denying as moot 87 [Barrientos] Plaintiffs' Motion for Leave to File Amended Application for Injunctive Relief, filed May 23, 2007; granting 95 Motion to Withdraw as Counsel, filed June 1, 2007. [see order for specifics] (Signed by Judge Sam A Lindsay on 6/1/07) (cxb)

June 1, 2007

June 1, 2007

RECAP
109

MEMORANDUM OPINION AND ORDER: granting 66 Motion for Temporary Restraining Order; granting 90 Motion for Preliminary Injunction. The court determines that the bond originally posted by Plaintiffs is sufficient, and declines to increase the bond amount. [see order for specifics] (Signed by Judge Sam A Lindsay on 6/19/07) (cxb)

June 19, 2007

June 19, 2007

RECAP
110

Memorandum Opinion and Order denying without prejudice 38 Motion to Dismiss [Villas Plaintiffs' Second Amended Complaint] filed by The City of Farmers Branch Texas; and Defendant City of Farmers Branch, Texas' Motion to Dismiss [Vasquez Plaintiffs' First Amended Complaint] for Plaintiffs' Failure to State a Claim and Lack of Subject Matter Jurisdiction, filed April 13, 2007. (see order for specifics) (Signed by Judge Sam A Lindsay on 06/26/2007) (axm)

June 26, 2007

June 26, 2007

RECAP
121

Memorandum Opinion and Order granting 114 Defendants' Motion to Dismiss Villas Plaintiffs' Claims for Compensatory Damages; denying 118 Defendants' Motion to Strike Plaintiffs' Response in Opposition; granting 120 Plaintiffs ' Motion for Enlargement of Time to File Their Response to Defendant's Motion to Dismiss Villas Plaintiffs' Claims for Compensatory Damages. The Villas Plaintiffs' claims for compensatory damages are dismissed with prejudice. (see order for specifics) (Signed by Judge Sam A Lindsay on 12/11/2007) (tln)

Dec. 11, 2007

Dec. 11, 2007

RECAP
152

Memorandum Opinion and Order denying 126 Defendant's Motion for Leave to File Defendant's Original Counterclaim for Declaratory Judgment. (See Order) (Signed by Judge Sam A Lindsay on 5/28/08) (skt)

May 28, 2008

May 28, 2008

RECAP
153

Memorandum Opinion and Order granting 132 Plaintiffs' Motion for Partial Summary Judgment filed by Alfredo Vasquez, Villas at Parkside Partners. The court therefore orders that the City of Farmers Branch, Texas, and its officers, agents, serv ants, employees, representatives, and attorneys, are hereby permanently enjoined and prohibited from effectuating or enforcing Ordinance 2903. Accordingly, the court dissolves the bond and directs the clerk of the court to return these bonds to the Villas Plaintiffs and the Vasquez Plaintiffs. (see order) (Signed by Judge Sam A Lindsay on 5/28/2008) (axm)

May 28, 2008

May 28, 2008

RECAP
168

Memorandum Opinion and Order denying 130 Defendant's Motion for Summary Judgment, denying 156 Plaintiff's Motion for Certification of Partial Final Judgment. Plaintiffs' state law claim and dismisses it without prejudice. Judgment will issue by separate document as required by Rule 58 of the Federal Rules of Civil Procedure. (see order) (Signed by Judge Sam A Lindsay on 8/29/2008) (axm)

Aug. 29, 2008

Aug. 29, 2008

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 22, 2006

Closing Date: Sept. 2, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Group of apartment owners and managers in Farmers Branch, Texas

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Immigrants' Rights Project

ACLU National (all projects)

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Farmers Branch, TX (City of Farmers Branch, TX), City

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

State law

Constitutional Clause(s):

Federalism (including 10th Amendment)

Supremacy Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2008 - None

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Disparate Treatment

Housing

Discrimination-basis:

Immigration status

Immigration/Border:

Constitutional rights

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation