Collin County, Texas v. Haven

Decision Date30 January 1987
Docket NumberCiv. A. No. CA3-84-0376-D.
Citation654 F. Supp. 943
PartiesCOLLIN COUNTY, TEXAS, Plaintiff, v. HOMEOWNERS ASSOCIATION FOR VALUES ESSENTIAL TO NEIGHBORHOODS (HAVEN), et al., Defendants. CARROLLTON H.A.V.E.N., INC., Counterplaintiff, v. William J. ROBERTS, County Judge, Wallace Webb, Howard Thornton, Richard May, and Jerry Hoagland, Collin County Commissioners, Counterdefendants.
CourtU.S. District Court — Northern District of Texas

COPYRIGHT MATERIAL OMITTED

Don R. Windle, Law Offices of Don R. Windle, P.C., Denton, Tex., for Denton County.

William J. Roberts, Plano, Tex., pro se.

David Bryant and R. Matthew Molash, Hughes & Luce, Dallas, Tex., for Collin County.

Jean G. Rogers, Regional Counsel, Federal Highway Admin., Fort Worth, Tex.

James O. Price, Counsel, Federal Highway Admin., Fort Worth, Tex.

Mary Ann Moore, Asst. U.S. Atty., Office of U.S. Atty., Dallas, Tex., for defendant Federal Highway Admin.

Walter A. Cober, Grand Prairie, Tex., for defendant HAVEN.

David R. Thomas, Asst. Atty. Gen., Dallas, Tex., for State defendants.

Patrick R. Cowlishaw, Cohan, Simpson, Cowlishaw, Aranza & Wulff, Dallas, Tex., for the City of Carrollton.

Kent Hofmeister, Dallas, Tex., for the City of Dallas.

Charles Hinton, Garland, Tex., for the City of Garland.

Gary Chattham, Plano, Tex., for the City of Plano.

William H. Pool, Asst. Dist. Atty., Dallas, Tex., for Dallas County.

MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

On motion to dismiss the court must decide whether the County Judge and County Commissioners of Collin County, Texas enjoy absolute immunity from suit, whether counterplaintiff has stated a civil rights claim against them, and, if counterdefendants are immune or counterplaintiff has failed to state a claim, whether the court should dismiss this civil action or permit counterplaintiff to replead. The court concludes that counterdefendants are immune, that the counterclaim fails to state a claim, and that counterplaintiff should be given one more opportunity "to plead its best case."

I. BACKGROUND

Plaintiff, Collin County, Texas ("Collin County"), concerned that the efforts of a citizen group might substantially delay the construction of proposed Texas State Highway 190 ("SH 190"), has filed this class action pursuant to 28 U.S.C. §§ 2201 and 2202 to obtain a declaratory judgment that the SH 190 final environmental impact statement ("FEIS") is sufficient. Collin County also requests as contingent relief that, if the environmental impact statement is found sufficient, the court enjoin an unincorporated association1 of residents, homeowners, property owners, and others, known as Homeowners Association for Values Essential to Neighborhoods ("HAVEN"), from interfering with construction of the highway. Plaintiff has joined as nominal defendants several surrounding cities, and federal and state agencies, for purposes of the declaratory judgment action.2

HAVEN has concluded that the County's lawsuit is an attempt to deprive its members of their civil rights. Fifteen days after this civil action was filed HAVEN filed a counterclaim against the County Judge and County Commissioners of Collin County, Texas, in their official and individual capacities (collectively "the Commissioners"). By its counterclaim HAVEN seeks to recover unspecified actual damages, $6 million exemplary damages, up to $270,000 in attorney's fees, and court costs, pursuant to 42 U.S.C. §§ 1983 and 1985 and theories of malicious prosecution and abuse of legal process. HAVEN contends the Commissioners have deprived its members of their administrative remedies, of their rights under the Fourteenth Amendment, and of their right of free speech guaranteed by the "Fourth" Amendment,3 and that the Commissioners are guilty of malicious prosecution and abuse of legal process.

The Commissioners now move to dismiss the counterclaim pursuant to Rule 12(b)(6). As it is required to do, the court has viewed the allegations of the counterclaim and the inferences therefrom in the light most favorable to HAVEN. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 1686, 40 L.Ed.2d 90 (1974). See Watts v. Graves, 720 F.2d 1416, 1419 (5th Cir.1983) (the allegations of the complaint must be accepted as true along with any inferences that may be drawn therefrom). The task has been arduous indeed, for it may be safely said that the allegations constitute primarily the blunderbuss phrasing of arguable claims that Judge Brown so aptly characterized in Elliott v. Perez, 751 F.2d 1472, 1476 (5th Cir.1985).

HAVEN's Contentions

In October 1977 the Texas State Department of Highways and Public Transportation ("DHPT") designated SH 190 as an East-West controlled access highway, to run between Interstate Highway 35E on the West and State Highway 78 on the East. Generally, SH 190 was proposed as an eight-lane East-West limited access highway, with four lanes of access roads, whose purpose was to relieve traffic congestion on Beltline Road and to accommodate and prevent future traffic congestion generated by the growth of the cities through which SH 190 was to pass. DHPT proposed that the segment be financed in accordance with the Federal Primary Aid System. Approximately 75% of the proposed planning, designing, acquisition of right-of-way and construction funds necessary to build the road were to be obtained from the Federal Highway Administration ("FHWA") upon its approving DHPT's application for such funds.

As required by the National Environmental Policy Act ("NEPA"), 42 U.S.C. §§ 4321 et seq., the Secretary of the Department of Transportation ("DOT"), of which FHWA is a part, had promulgated regulations to ensure compliance with NEPA in connection with FHWA's financing the Federal Primary Aid System. One such regulation adopted by the Secretary was the requirement that, on all major and significant federal actions approved or performed by FHWA, an environmental impact statement be prepared after receiving public comment. The law provides a 30-day comment period after approval of the FEIS so that FHWA and DOT may review and investigate any adverse economic, social, and environmental impacts before entering into final approval of the project and before approving requested federal funding. See 23 U.S.C. §§ 101 et seq. If the adverse impacts violate federal or state law, or if the decisions are arbitrary and capricious, those parties who have objected to the adverse environmental impact of the project are authorized by the Administrative Procedure Act, 5 U.S.C. §§ 701-706, to commence an action in U.S. District Court for review of the legality of the administration, practices, and procedures followed by the federal agency in approving the project.

On July 23, 1981 FHWA issued a draft environmental impact statement. The County Judge and Commissioners of Collin County knew at this time that the route that SH 190 was to take through the City of Carrollton, Texas, along Trinity Mills Road, was being opposed on various social, economic, and environmental grounds by homeowner groups and individuals. The comments of the opposition groups were contained in the draft statement's comment section.

On or about February 12, 1984, after considering the draft statement, FHWA approved the FEIS for publication in the Federal Register. Public comment to the FEIS followed in accordance with applicable DOT regulations. The 30-day comment period expired on March 11, 1984.

According to HAVEN, the Commissioners began to meet privately among themselves and with their attorney regarding how to prevent a perceived possible delay or change in the construction of SH 190 caused by the opposition of HAVEN and others. They were aware that those who opposed the Trinity Mills Road location were attempting to establish one or two alternative routes. These discussions commenced on or about January 25, 1984 and continued until March 12, 1984, when this civil action was filed.

HAVEN alleges that the Commissioners knew, were informed, or should have known, that there was a 30-day comment period following publication of the FEIS in the Federal Register. Therefore, the Commissioners devised a plan to file this civil action to request this court to uphold the sufficiency of the FEIS. The plan was designed intentionally so that the lawsuit would be filed on the first day after the 30-day comment period had expired. The discussions were deliberately concealed from the public so as to have maximum legal and media effect. The Commissioners contemplated that suit be filed on the first day after the comment period had expired so as to prevent HAVEN from filing a suit and to prevent HAVEN from pursuing its administrative and review remedies after the expiration of the comment period. The Commissioners intended, by filing their action, to deprive HAVEN of procedural adverse action within the normal FHWA procedures and to preempt HAVEN from filing a lawsuit prior to the Commissioners' lawsuit.

HAVEN avers that this plan included certain elements which were designed to have the maximum adverse effects on HAVEN: First, by bringing a class action against HAVEN as representative of all of the inhabitants in and near the City of Carrollton, HAVEN would be forced to employ attorneys and defend the cause or suffer a default judgment. The Commissioners knew or should have known that only those class members who had objected to the FEIS or draft statement could be interested parties. Their allegations were deliberately framed to allege a larger class of citizens than could be legally feasible. In the event of a default judgment, the doctrine of res judicata would forever bar subsequent legal or procedural actions taken by HAVEN based upon adverse environmental impact of SH 190. Second, by suing HAVEN and others, the Commissioners knew they were forcing HAVEN to expend its limited funds to protect itself. The Commissioners also intended to increase HAVEN's legal costs by adding...

To continue reading

Request your trial
27 cases
  • Camacho v. Samaniego
    • United States
    • Texas Court of Appeals
    • 21 Agosto 1997
    ...immunity under the common law analogous to that enjoyed by members of Congress and State legislators. Collin County, Texas v. H.A.V.E.N., 654 F.Supp. 943, 949 (N.D.Tex.1987), citing Espanola Way Corp.v. Meyerson, 690 F.2d 827, 829 (11th Cir.1982), cert. denied, 460 U.S. 1039, 103 S.Ct. 1431......
  • Jordaan v. Hall
    • United States
    • U.S. District Court — Northern District of Texas
    • 7 Agosto 2003
    ...no legal foundation for the position taken, Rule 11 sanctions will be imposed." Collin County, Texas v. Homeowners Association for Values Essential to Neighborhoods (HAVEN), 654 F.Supp. 943, 954 (N.D.Tex.1987) (citation A careful review of Jordaan's original complaint, which Riley signed an......
  • Roberts v. New York, 1:12–CV–0046 MAD/CRH.
    • United States
    • U.S. District Court — Northern District of New York
    • 3 Diciembre 2012
    ...sufficiently pled to defeat defendants' motion at this stage of the litigation. See Collin Cnty., Tex. v. Homeowners Ass'n for Values Essential to Neighborhoods (HAVEN), 654 F.Supp. 943, 949 (N.D.Tex.1987) (holding that the plaintiffs' allegations that the defendant's actions were “ ultra v......
  • N.Y. State Corr. Officers & Police Benevolent Association, Inc. v. New York
    • United States
    • U.S. District Court — Northern District of New York
    • 3 Diciembre 2012
    ...sufficiently pled to defeat defendants' motion at this stage of the litigation. See Collin Cnty. Tex. v. Homeowners Ass'n for Values Essential to Neighborhoods (HAVEN), 654 F.Supp. 943, 949 (N.D.Tex.1987) (holding that the plaintiff's allegations that the defendants' actions were “ultra vir......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT