Provident Mut. Life Ins. Co. v. City of Atlanta

• Decision Date: 27 June 1994
• Docket Number: No. 1:93-CV-1341-RHH.,1:93-CV-1341-RHH.
• Parties: PROVIDENT MUTUAL LIFE INSURANCE COMPANY OF PHILADELPHIA, Plaintiff, v. CITY OF ATLANTA, Defendant.
• Court: U.S. District Court — Northern District of Georgia

864 F. Supp. 1274

PROVIDENT MUTUAL LIFE INSURANCE COMPANY OF PHILADELPHIA, Plaintiff, v. CITY OF ATLANTA, Defendant.

No. 1:93-CV-1341-RHH.

United States District Court, N.D. Georgia, Atlanta Division.

June 27, 1994.

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Michael Weinstock, Alan Robert Heath, Weinstock & Scavo, Atlanta, GA, for plaintiff.

Charles George Hicks, Office of Atlanta City Atty., Atlanta, GA, for defendant.

ORDER

ROBERT H. HALL, District Judge.

This case is before the Court on Defendant's Motion for Judgment on the Pleadings, or, in the alternative, Motion for Summary Judgment 19 and Defendant's Motion in Limine 20. The Court GRANTS IN PART and DENIES IN PART Defendant's Motion for Judgment on the Pleadings, or, in the alternative, Motion for Summary Judgment and GRANTS Defendant's Motion in Limine.

BACKGROUND

Plaintiff owns 6.1 acres of property at 2459 Roosevelt Highway on which it uses three one-story office buildings for commercial purposes. Defendant is the owner, proprietor and operator of the William B. Hartsfield Atlanta International Airport (the "Airport"). Plaintiff's property is located near the Airport and is in the direct flight path of landing and departing aircraft.

Plaintiff alleges that due to Defendant's operation of the Airport, planes fly over Plaintiffs property frequently and at close proximity, subjecting the property to high levels of noise, dust, exhaust and vibrations. Plaintiff alleges that these overflights constitute a taking of its property without just compensation in violation of the Fifth Amendment to the United States Constitution. Complaint, Count I. Plaintiff also alleges that these overflights constitute a taking of its property without just compensation in violation of article I, section 3, paragraph 1 of the Georgia Constitution, and that this uncompensated taking gives rise to a cause of action for inverse condemnation. Id. at Count Id. Plaintiff alleges further that the effects of the overflights constitute a continuing nuisance in violation of Georgia common law. Id. at Count III. In addition, Plaintiff alleges that the overflights constitute a continuing trespass in violation of Georgia common law. Id. at Count IV.

Defendant has established a Noise Abatement Program (the "Program") through which it purchases from willing owners single-family residential properties (but not commercial properties) located within a certain area surrounding the airport. Affidavit of Betty J. Hollaway (attached to Defendant's Motion for Summary Judgment as Exhibit B), ¶¶ 6, 9. Plaintiff alleges that it is similarly situated to these owners of singlefamily residential properties and that the Program's offer to purchase the single-family residential properties but not Plaintiff's commercial property constitutes a violation of article I, section 1, paragraph 2 of the Georgia Constitution (Equal Protection Clause) and of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Complaint at Counts V, VI.

DISCUSSION

I. Standards of Review.

A. Motion for Judgment on the Pleadings.

Judgment on the pleadings is appropriate under Fed.R.Civ.P. 12(c) if all of the pleadings, including contracts and other documents incorporated therein, establish that the moving party is entitled to prevail as a matter of law. Homart Dev. Co. v. Sigman, 868 F.2d 1556, 1561 (11th Cir.1989); 2A James Wm. Moore, Moore's Federal Practice, ¶ 12.15 (1993). The Court may also take judicial notice of matters of public record. United States v. Wood, 925 F.2d 1580, 1582 (7th Cir.1991); Louisiana ex rel. Guste v. United States, 656 F.Supp. 1310, 1314 n. 6 (W.D.La.1986), aff'd, 832 F.2d 935 (5th Cir. 1987), cert. denied, 485 U.S. 1033, 108 S.Ct. 1592, 99 L.Ed.2d 907 (1988). A motion for judgment on the pleadings is subject to the same standard as is a Rule 12(b)(6) motion to dismiss. Wood, 925 F.2d at 1581-82; Thomason v. Nachtrieb, 888 F.2d 1202, 1204 (7th Cir.1989).

The Court, in consideration of a Rule 12(b)(6) motion, may look only at the pleadings. See Fed.R.Civ.P. 12(b). The Rule allows dismissal of a complaint which fails "to state a claim upon which relief can be granted." Id. When faced with a motion to dismiss under Rule 12(b)(6), the Court construes the complaint broadly, accepting all facts pleaded therein as true and viewing all inferences in a light most favorable to the plaintiff. Cooper v. Pate, 378 U.S. 546, 546, 84 S.Ct. 1733, 1734, 12 L.Ed.2d 1030 (1964). Ultimately, "a motion for judgment on the pleadings must be sustained where undisputed facts appearing in the pleadings show that no relief can be granted." United States v. Yates, 774 F.Supp. 1368, 1371 (M.D.Ga.1991) (citing J.M. Blythe Motor Lines Corp. v. Blalock, 310 F.2d 77 (5th Cir.1962)).

B. Motion for Summary Judgment.

This Court will entertain summary judgment motions "after adequate time for discovery and upon motion," Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986), and will grant summary judgment when "there is no genuine issue as to any material fact ... and the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). As a general proposition, "a party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of `the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Celotex, 477 U.S. at 323, 106 S.Ct. at 2553 (quoting Fed.R.Civ.P. 56(c)). However, the nature of the movant's responsibility varies depending on which party would bear at trial the burden of proof on the issue in question.

Where the legal issue as to which the facts in question pertain is one on which the nonmovant would bear the burden of proof at trial, the movant must demonstrate that the non-movant lacks evidence to support an essential element of his or her claim on that issue. Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1115-16 & n. 2 (11th Cir.1993). The movant need not support its motion with evidence negating the non-movant's claim; it "`simply may show —that is, point out to the district court—that there is an absence of evidence to support the non-moving party's case.'" Id. at 1115-1116 (quoting United States v. Four Parcels of Real Property, 941 F.2d 1428, 1438 (11th Cir.1991)).<sup>1</sup> "`Alternatively, the moving party may support its motion for summary judgment with affirmative evidence demonstrating that the nonmoving party will be unable to prove its case at trial.'" Id. at 1116 (quoting Four Parcels, 941 F.2d at 1438).

Where the movant would bear the burden of proof at trial, it must demonstrate the absence of an issue of material fact with regard to every element essential to its claim on the legal issue in question. Id. at 1115. The movant in this position "'must show affirmatively the absence of a genuine issue of material fact: it must support its motion with credible evidence ... that would entitle it to a directed verdict if not controverted at trial.'" Id. (quoting Four Parcels, 941 F.2d at 1438).

Only after the movant meets its initial burden does any obligation on the part of the non-movant arise. Celotex, 477 U.S. at 323, 106 S.Ct. at 2552; Adickes v. S.H. Kress & Co., 398 U.S. 144, 160, 90 S.Ct. 1598, 1610, 26 L.Ed.2d 142 (1970); Fitzpatrick, 2 F.3d at 1116. Where the movant would bear the burden of proof at trial, the non-movant must present "evidence sufficient to call into question the inference created by the movant's evidence on the particular material fact." Fitzpatrick, 2 F.3d at 1116. The movant is then entitled to summary judgement only if, based on the combined evidence presented by the two parties, no reasonable jury could find for the non-movant. Id.

Where the non-movant would bear the burden of proof at trial, the manner in which the non-movant may rebut the movant's initial showing depends on the way in which the movant met its initial burden. If the movant put on evidence affirmatively negating the material fact, the non-movant "must respond with evidence sufficient to withstand a directed verdict motion at trial on the material fact sought to be negated." Id. If the movant instead demonstrated an absence of evidence on the issue, the non-movant may respond in either of two ways:

First, he or she may show that the record in fact contains supporting evidence, sufficient to withstand a directed verdict motion, which was `overlooked or ignored' by the moving party, who has thus failed to meet the initial burden of showing an absence of evidence. Second, he or she may come forward with additional evidence sufficient to withstand a directed verdict motion at trial based on the alleged evidentiary deficiency.

Id. at 1116-17.

All evidence and factual inferences should be viewed in the light most favorable to the non-movant. Everett v. Napper, 833 F.2d 1507, 1510 (11th Cir.1987); Rollins v. TechSouth, Inc., 833 F.2d 1525, 1529 (11th Cir. 1987). However, "the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986) (emphasis in original). An issue is not genuine if it is unsupported by evidence or is created by evidence that is "merely colorable" or "not significantly probative." Id. at 250, 106 S.Ct. at 2511. Similarly, a fact is not material unless it is identified by the controlling substantive law as an essential element of the non-movant's case. Id. at 248, 106 S.Ct. at 2510.

II. Defendant's Motion for Judgment on the Pleadings.

A. Plaintiff's Fifth Amendment Claim.

Defendant contends that it is entitled to judgment...