Hispanics United v. Village of Addison IL, 99-2249

• Decision Date: 18 April 2001
• Docket Number: No. 99-2249,99-2249
• Citation: 248 F.3d 617
• Parties: (7th Cir. 2001) Hispanics United of DuPage County, et al., Plaintiffs-Appellees, v. Village of Addison, Illinois, Defendant-Appellant
• Court: U.S. Court of Appeals — Seventh Circuit

Page 617

248 F.3d 617 (7th Cir. 2001)

Hispanics United of DuPage County, et al., Plaintiffs-Appellees, v. Village of Addison, Illinois, Defendant-Appellant.

No. 99-2249

In the United States Court of Appeals For the Seventh Circuit

Argued September 18, 2000

Decided April 18, 2001

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.

Nos. 94 C 6075 & 95 C 3926--Ruben Castillo, Judge. [Copyrighted Material Omitted] Before Easterbrook, Ripple, and Williams, Circuit Judges.

Easterbrook, Circuit Judge.

Three years ago, in order to settle litigation under the Fair Housing Act, the Village of Addison agreed to restrictions on its redevelopment of several neighborhoods. One part of the ensuing consent decree provides that, before it may undertake redevelopment of the Michael Lane neighborhood, "the Village must develop a new public park and acquire a building for a community center in the neighborhood." The decree obliges the Village to acquire several identified properties to carry out this plan.

Plaintiffs (a coalition of private parties plus the United States) believe that redevelopment is an all-or-none proposition--and in particular that the Village may not remove any of the identified properties from the rental market until it has acquired all of them for purposes of opening the park and community center. Addison, by contrast, believes that it is entitled to acquire and raze one property at a time, and that its obligations concerning the park are deferred until owners have agreed to sell it all the land it needs. When the Village was on the verge of purchasing and demolishing a subset of the properties mentioned in the decree, plaintiffs asked the district court to bring the plan to a halt. On April 19, 1999, the district court entered this unrevealing order:

Plaintiff's [sic] emergency motion for temporary restraining order and for interpretation and enforcement of consent decree is granted to the extent allowed in open court.

If the district judge meant this as an interpretation of the existing consent decree (rather than as a new mandatory injunction), then it would have been preferable to use the language of interpretation rather than command (for the consent decree itself does the commanding). If instead this was meant as an independent judicial order, then it does not conform to Fed. R. Civ. P. 65(d), which provides that "every restraining order shall set forth the reasons for its issuance; shall be specific in terms; [and] shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained". This order mentions no reasons, contains no details, and refers to an oral colloquy that by the time of the order's issuance had not been transcribed and therefore could not have fleshed out the court's directions. When asked by Addison's counsel for details--a reasonable request whether the district judge sought to issue a new order or only to interpret the existing one--the judge closed the proceedings with this comment: "You know, this status hearing is deteriorating. I've ruled. I will see you May 7th at 9:30 A.M. Thank you very much." To avoid trouble the Village stopped dead in its tracks.

After a second hearing the district court entered an order that is slightly more informative but still leaves much to the imagination:

Defendant's motion to modify the court's restraining order of 04/19/99 to permit the acquisition of properties known as 193 and 199 Michael Lane, Addison, Illinois is granted. Plaintiffs' motion for interpretation and/or modification of consent decree in response to the defendant's motion to modify the court's restraining order of 04/19/99 is granted to the extent stated in open court.

The first sentence seems favorable to the Village, which as the prevailing party cannot appeal. The second throws a monkey wrench into appellate jurisdiction. If the district judge just interpreted the consent decree--letting the parties know his sense of their entitlements but not changing their legal obligations--then there is nothing for the Village to appeal. See Gautreaux v. Chicago Housing Authority, 178 F.3d 951 (7th Cir. 1999); Bogard v. Wright, 159 F.3d 1060 (7th Cir. 1998). But if the district judge modified the injunction to impose new substantive obligations, then the order is appealable. 28 U.S.C. sec.1292(a)(1). And if this order is appealable, then it is also a violation of Rule 65(d). But if it is not appealable (because only an interpretation of the decree), then there is a procedural shortcoming--for district judges are free to provide parties with their thoughts informally, and they need not repeat on every interpretive occasion all of the formalities required when issuing injunctions.

Granting a "motion for interpretation and/or modification of consent decree" to some unspecified extent is Delphic. Did the judge interpret the decree (nonappealable), modify the decree (appealable), or do neither (that is, just afford the parties a window into his thinking)? The order suggests that something of legal significance has occurred (a motion has been granted, which differs from the judge giving the parties a piece of his mind) but does not say what. Rule 65(d) means that the parties need not guess their obligations at peril of contempt sanctions, and it also means that this court...