Franco v. District of Columbia

• Decision Date: 22 March 2006
• Docket Number: Civil Action No. 05-1058.
• Citation: 422 F.Supp.2d 216
• Parties: Samuel FRANCO et al, Plaintiffs, v. The DISTRICT OF COLUMBIA et al, Defendants.
• Court: U.S. District Court — District of Columbia

422 F.Supp.2d 216

Samuel FRANCO et al, Plaintiffs, v. The DISTRICT OF COLUMBIA et al, Defendants.

Civil Action No. 05-1058.

United States District Court, District of Columbia.

March 22, 2006.

Ralph Werner, Washington, DC, for Plaintiffs.

Richard Gaspare Amato, Aaron M. Levine & Associates, Paul J. Kiernan, Holland & Knight LLP, Washington, DC, for Defendants.

MEMORANDUM OPINION

URBINA, District Judge.

GRANTING THE DEFENDANTS' MOTION TO DISMISS

I. INTRODUCTION

This matter comes before the court on the defendants' motion to dismiss the plaintiffs' amended complaint. The plaintiffs, Samuel Franco, Nathan Franco, Allen Franco, and D Mart (collectively, "the plaintiffs") filed suit pursuant to 42 U.S.C. § 1983 seeking declaratory judgment, an injunction and damages. The plaintiffs allege that the District of Columbia, National Capital Revitalization Corporation ("NCRC"), and RLA Revitalization Corporation (collectively, "the defendants") through use of eminent domain authorized by the "Skyland Legislation," are instituting an unconstitutional taking of the plaintiffs' property. The defendants move to dismiss the case, arguing that the court lacks subject-matter jurisdiction and that the plaintiffs have failed to state a claim upon which relief can be granted. Further, they assert that the court should abstain from judgment because of an ongoing condemnation proceeding in the Superior Court of the District of Columbia ("Superior Court"). Because the court concludes that the Superior Court proceeding provides an adequate opportunity for plaintiff Samuel Franco to raise his federal claims, the court grants the defendants' motion to dismiss. In addition, because NCRC has not executed a taking of Nathan Franco, Allen Franco and D Mart's ("the remaining plaintiffs") property, their claims are not yet ripe, and the court dismisses their claims.

II. BACKGROUND

A. Factual History

The plaintiffs are owners and tenants of property located in the Skyland Shopping Center ("Skyland Center") in Southeast Washington, D.C. The Skyland Center is an 11.5 acre shopping center comprised of several individually owned parcels containing a range of local, regional, and national businesses. Am. Compl. ¶ 11. Plaintiff Samuel Franco is the fee simple owner of 2838 Alabama Avenue, S.E., Washington, D.C. 20020 ("Property 1"). Am. Compl. ¶ 2. Adjacent to that property, plaintiffs Samuel Franco, Nathan Franco, and Allen Franco are lessees of 2834 Alabama Avenue, S.E., Washington, D.C. 20020 ("Property 2"). Id. In addition, plaintiff D Mart operates a retail business on the combined grounds of both properties. Id.

In 2004, the District of Columbia passed a series of legislation ("Skyland Legislation") which authorized NCRC to "acquire and assemble land, real property ... through condemnation of property by eminent domain in furtherance of the public purposes." D.C.Code § 2-1219.19. Action taken pursuant to this statute is subject to an affirmative vote of two-thirds of the D.C. Council. Id. On April 5, 2005, the National Capital Revitalization Corporation Eminent Domain Clarification and Skyland Eminent Domain Approval Act of 2004 ("Skyland Act") became law. Am. Compl. at 10. Pursuant to the Skyland Act, the D.C. Council found the revitalization of the Skyland area to be "necessary and desirable for the public" and authorized NCRC to exercise eminent domain power to redevelop the Skyland Center. D.C.Code § 2-1219.19.

B. Procedural History

On May 25, 2005, the plaintiffs filed suit seeking declaratory judgment that the Skyland Legislation is unconstitutional and asking the court to permanently enjoin the defendants from commencing eminent domain proceedings. See generally Am. Compl. After the Supreme Court's decision in Kelo v. City of New London, Conn., ___ U.S. ___, 125 S.Ct. 2655, 162 L.Ed.2d 439 (2005), the plaintiffs amended their complaint to add Fifth Amendment violations and separate violations of the D.C. Home Rules Act. Id. ¶¶ 51-93.

On July 8, 2005, NCRC filed a condemnation proceeding in D.C. Superior Court to acquire Property 1, owned exclusively by plaintiff Samuel Franco. On July 11, 2005, plaintiff Samuel Franco removed that action to this court. On November 28, 2005, the court determined that the plaintiff had waived his right to remove the case and remanded it back to the D.C. Superior Court. No condemnation proceedings have yet commenced for Property 2.

On August 1, 2005, the defendants filed a joint motion to dismiss the plaintiffs' amended complaint on the grounds that the court does not have subject-matter jurisdiction and that the plaintiffs have failed to state a claim upon which relief can be granted. Defs.' Mot. to Dismiss Am. Compl. ("Defs.' Mot.") at 2. In addition, the defendants assert that the plaintiffs' complaint can be heard in Superior Court, and that this court, therefore, should abstain from proceeding with the instant suit. Defs.' Mot. at 2. The court now turns to the defendants' motion.

III. ANALYSIS

A. Legal Standard for Motion to Dismiss Pursuant to Rule 12(b)(1)

Federal courts are courts of limited jurisdiction and the law presumes that "a cause lies outside this limited jurisdiction." Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994); St. Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283, 288-89, 58 S.Ct. 586, 82 L.Ed. 845 (1938); see also Gen. Motors Corp. v. Envtl. Prot. Agency, 363 F.3d 442, 448 (D.C.Cir.2004) (noting that "[a]s a court of limited jurisdiction, we begin, and end, with an examination of our jurisdiction").

Because "subject-matter jurisdiction is an `Art. III as well as a statutory requirement[,] no action of the parties can confer subject-matter jurisdiction upon a federal court.'" Akinseye v. District of Columbia, 339 F.3d 970, 971 (D.C.Cir. 2003) (quoting Ins. Corp. of Ir., Ltd. v. Compagnie des Bauxites de Guinee, 456 U.S. 694, 702, 102 S.Ct. 2099, 72 L.Ed.2d 492 (1982)). On a motion to dismiss for lack of subject-matter jurisdiction pursuant to Rule 12(b)(1), the plaintiff bears the burden of establishing that the court has subject-matter jurisdiction. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). The court may dismiss a complaint for lack of subject-matter jurisdiction only if "it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Empagran S.A. v. F. Hoffman-LaRoche, Ltd., 315 F.3d 338, 343 (D.C.Cir.2003) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)).

Because subject-matter jurisdiction focuses on the court's power to hear the claim, however, the court must give the plaintiffs factual allegations closer scrutiny when resolving a Rule 12(b)(1) motion than would be required for a Rule 12(b)(6) motion for failure to state a claim. Macharia v. United States, 334 F.3d 61, 64, 69 (D.C.Cir.2003); Grand Lodge of Fraternal Order of Police v. Ashcroft, 185 F.Supp.2d 9, 13 (D.D.C.2001). Moreover, the court is not limited to the allegations contained in the complaint. Hohri v. United States, 782 F.2d 227, 241 (D.C.Cir.1986), vacated on other grounds, 482 U.S. 64, 107 S.Ct. 2246, 96 L.Ed.2d 51 (1987). Instead, to determine whether it has jurisdiction over the claim, the court may consider materials outside the pleadings. Herbert v. Nat'l Acad. of Scis., 974 F.2d 192, 197 (D.C.Cir. 1992).

B. The Court Grants the Defendants' Motion to Dismiss as to Plaintiff Samuel Franco

The defendants assert that because a condemnation action is ongoing in D.C. Superior Court against Property 1 and plaintiff Samuel Franco, the "plaintiffs have a forum in which all of their issues can be heard—from public use challenges to procedural issues to just compensation." Defs.' Mot. at 2. Consequently, the defendants ask that, in the interest of federalism and comity, this court dismiss the case pursuant to Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971). The plaintiffs, conversely, ask that the condemnation suit initiated by NCRC in Superior Court and removed to this court by plaintiff Samuel Franco, be consolidated with this suit pursuant to Federal Rule of Civil Procedure 42. Yet, because this court remanded the condemnation action back to D.C. Superior Court, consolidation is unavailable. Furthermore, the plaintiffs have entirely failed to address the defendants' argument that the court ought to abstain from this suit. Because there is an ongoing, state court proceeding against plaintiff Samuel Franco that presents an important state interest, the court grants the defendants' motion and dismisses that plaintiff's claims.

1. The Younger Doctrine of Equitable Restraint Applies to Plaintiff Samuel Franco's Claims

In Younger v. Harris, the Supreme Court articulated a doctrine of equitable restraint based on principles of comity and federalism. See Younger, 401 U.S. 37, 91 S.Ct. 746. The Court defined this notion of "federalism" as:

[A] system in which there is sensitivity to the legitimate interests of both State and National Governments, and in which the National Government, anxious though it may be to vindicate and protect federal rights and federal interests, always endeavors to do so in ways that will not unduly interfere with the legitimate activities of the States.

Id. at 44, 91 S.Ct. 746.

To further these goals, when an issue of subject-matter jurisdiction over a state proceeding arises, a federal court must apply a three-part test to determine whether it should dismiss the case based on the Younger doctrine: "first, a federal court may dismiss a federal claim only when there are ongoing state proceedings that are judicial in nature; second, the state proceedings must implicate important state interests; third, the proceedings must afford adequate opportunity in which to raise the federal claims." Hoai v. Sun Ref & Mtkg. Co., 866 F.2d 1515, 1518 (D.C.Cir.1989) (c...