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Order Granting Permanent Injunction - maldef

Order Granting Permanent Injunction - maldef

Order Granting Permanent Injunction -

Case 3:06-cv-02371 Document 153 Filed 05/28/2008 Page 1 of 35 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION VILLAS AT PARKSIDE PARTNERS § d/b/a VILLAS AT PARKSIDE, et al., § § Plaintiffs, § § v. § Civil Action No. 3:06-CV-2371-L § (consolidated with CA No. 3:06-CV-2376-L THE CITY OF FARMERS BRANCH, § and CA No. 3:07-CV-0061-L) § Defendant. § MEMORANDUM OPINION AND ORDER GRANTING PERMANENT INJUNCTION Before the court is Plaintiffs’ 1 Motion for Partial Summary Judgment, 2 filed February 22, 2008. 3 After carefully considering the motions, responses, replies, record, and applicable law, the court grants Plaintiffs’ Motion for Partial Summary Judgment. I. Procedural History Plaintiffs seek summary judgment of two of their claims regarding the constitutionality of Farmers Branch Ordinance 2903 (the “Ordinance”), an ordinance adopted by the Farmers Branch 1 The Villas Plaintiffs are the owners and operators of apartment complexes in Farmers Branch. The Vasquez Plaintiffs include residents of apartment complexes in Farmers Branch as well as the owners and managers of apartment complexes in the city. Defendant, the City of Farmers Branch, is herein referred to as “the city,” “Farmers Branch,” or “Defendant.” 2 Plaintiffs move for judgment on two of their claims: (1) the Ordinance is preempted, and (2) the Ordinance violates the Due Process clause of the Fourteenth Amendment to the United States. In addition to these claims, the Villas Plaintiffs assert claims pursuant to 42 U.S.C. § 1981 and for violation of the Equal Protection Clause of the Fourteenth Amendment, 42 U.S.C. § 1983, and Section 214.903 of the Texas Local Government Code. See Second Am. Compl. (Mar. 9, 2007). The Vasquez Plaintiffs also pleaded claims for violation of the Equal Protection Clause of the Fourteenth Amendment, the Contracts Clause, and the First Amendment to the United States Constitution, and pursuant to the Fair Housing Act, 42 U.S.C. § 3601 et seq., and 42 U.S.C. § 1981. See First Am. Compl. for Decl. and Inj. Relief (Mar. 22, 2007). 3 Defendant’s Motion for Summary Judgment, filed February 22, 2008, is also pending. Given the procedural posture of the case, the court defers ruling on this motion. Memorandum Opinion and Order Granting Permanent Injunction – Page 1

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