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Z.B. November 10, 2004 -- Page 3
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<br />Due Process -- Illegal dumping continued in black neighborhood for over
<br />2tl years - ..
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<br />~Veighboring property owners sue city, for racial discrimination
<br />C'irczrion: Cox '2. The Ciz7 of Dall~s, U.S.D.stnc~ Court for the Northern District
<br />2r'Te:cczs. Dallas Division, zVo. 3.'98-Cl/~J763-BH (2004)
<br />FEX:X~S t !)9/22/04') -- rn 1963, the city ~anted perm-fission for a ~avet pit in the
<br />Deepwood neighborhood. However, as early as 1976, there was open dumping
<br />,)f solid waste at the site. In 1982, neighboring property owners sued. alleging
<br />massi, ve illegal dumping. Since then, numerous complaints re~arding the
<br />Deepwood site were r'iled. However, the Deepwood site was never cleaned up,
<br />and J.liegal dumping continued.
<br /> For over 25 years, the neighborhood was predominantly black. Neighbor-
<br />in: property owners sued the. city, alleging it engaged in intentional racial
<br />discrimination by r . . ,,
<br /> . ~ailm~ to close the Deepwood site.
<br />DECISION: Judgment in favor of the city.
<br /> There ,,vas no evidence of a policy attributable to the city that permitted the
<br />dumping of debris at the Deepwood site.
<br /> The city council was informed of the e~stence of an illegal dumpsite at
<br />Deepwood as earl,/as 1982. However, there was insufficient evidence th~ city
<br />council failed to use the city's zoning and land-use powers to prot6ct the
<br />surrounding neighborhood.
<br /> Citations ,/,,ere issued and testing at the site was conducted for contami-
<br />nants. The city council referred the matter to the board of adjustment. While the
<br />issuance of citations for illegal dumping throughout the city ,;vas virtuaLlY non-
<br />exJ. stent ~'rom 1985 to 1993, dunng this same period, the city sued the operator of
<br />the Deepwood site. obtained a judgment ordering cleanup of the site, and
<br />sought I but failed to follow through with) contempt sanctions for failure to
<br />comply with the judgment.
<br /> The city's efforts to stop the illegal dumping at Deepwood were inconsis-
<br />tent. inadequate, and [nef~'ective £br years. However, the city's failure to prop-
<br />erly supervise the disposal of demolition debris did not constitute an ot~cial
<br />policy d~at may be attributable to a city policymaker. There was insufficient
<br />evidence to show the failures were the result of a widespread practice by the
<br />city [u n,)t use d~e cit,/'s~.omn=- ' o and land-use powers to protect black nei~h-
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<br />.:,::, .,,u%'<~.' ?i<..,rx<_x~'/d '>'. ~¢~t.w_m, 257 F. 3d .767 (200I_).
<br />.':',:e ..,'./.;'<.>.' ~,~c~,>t'n:~' ~I~ ;.'. /_axpe;'~:e~; 205 F. Sz~£p.2ci 5,~0 !~r)O-.;:
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<br />VISIT OUR WEBSITE at ;v',",v. qzE la :.eom j
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<br />;: ~,}:[}_t },.',flll:2, ll :,.!!;Ii:-;RinE .::.r',_'ll0. 4(o! 'eproauc:[on :s oronlblted. /.or ~ore .niormarion .3iease ::all 5617!; 542-0048.
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