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Pacific Community Resource Center v. City of Glendale

United States District Court, D. Oregon

January 16, 2014

PACIFIC COMMUNITY RESOURCE CENTER et al., Plaintiffs,
v.
CITY OF GLENDALE, OREGON et al., Defendants

For Michael J Cassidy, Plaintiff: Melissa D. Wischerath, LEAD ATTORNEY, Law Office of M.D. Wischerath, Eugene, OR.

Art Corbett, Veteran, Plaintiff, Pro se, Wolf Creek, OR.

Becky Corbett, Disabled, Plaintiff, Pro se, Wolf Creek, OR.

Don Billings, Disabled Senior Native American, Plaintiff, Pro se, Wolf Creek, OR.

Darlene Billings, Disabled Senior Native American, Plaintiff, Pro se, Wolf Creek, OR.

David Rothenberg, Disabled Veteran of War, Plaintiff, Pro se, Wolf Creek, OR.

OPINION

Page 1122

AMENDED OPINION AND ORDER

Michael J. McShane, United States District Judge.

Plaintiff Pacific Community Resource Center (PCRC) is a registered non-profit organization purporting to provide housing to disabled and other low income individuals. PCRC, along with former and current tenants,[1] bring this action seeking equitable relief and damages for alleged violation of the Fair Housing Act, as amended by the Fair Housing Amendments Act of 1988 (FHA),42 U.S.C. § 3601 et seq., the Fourteenth Amendment pursuant to 42 U.S.C. § 1983, and ORS § 659A.145. Plaintiffs filed this second motion for preliminary injunctive relief (#37).[2] This Court has jurisdiction under 28 U.S.C. § 1331. Upon review, plaintiffs' motion for preliminary injunctive relief (#37) is DENIED.

PROCEDURAL AND FACTUAL BACKGROUND

Plaintiffs' claims arise out of alleged FHA, 42 U.S.C. § 3601 et seq., Fourteenth Amendment, 42 U.S.C. § 1983, and ORS § 659A.145 violations. All five claims are based on the City of Glendale's alleged discriminatory enforcement of the city's Certificate of Occupancy (COO) requirements and Glendale Municipal Ordinance (GMO) 03-2012.

Beginning in October 2009, PCRC entered into a commercial real estate agreement with Cow Creek Properties, LLC (Cow Creek) for a sixteen-unit motel located in Glendale's commercial zone. Second Am. Compl. para 29, 68, ECF No. 35. Shortly thereafter, plaintiffs Cassidy and PCRC attended a City Council meeting and obtained permission to rent " rooms in the old motel to small businesses." Mem. in Supp. Defs.' Resp. to Pls.' Second Mot. Prelim. Inj. 2, ECF No. 47.

On September 12, 2012, Cassidy attended a City Council meeting and requested to change the use of the motel property to include residential tenants. Second Am. Compl. para 39, ECF No. 35. Plaintiffs allege that in response, City Council members

Page 1123

stated, " that's not going to happen, we don't want those kind of people in our town." [3]Id. at para 40. On October 20, PCRC sought documentation from the City Council relating to the motel's prior use, building permits, conditional ...


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