VILLAS AT PARKSIDE v. CITY OF FARMERS BRANCH, TEX.

No. 10-10751.

675 F.3d 802 (2012)

VILLAS AT PARKSIDE PARTNERS, doing business as Villas at Parkside; Lakeview at Parkside Partners, Limited, doing business as Lakeview at Parkside; Chateau Ritz Partners, doing business as Chateau De Ville; Mary Miller Smith; Plaintiffs-Appellees, v. The CITY OF FARMERS BRANCH, TEXAS, Defendant-Appellant. Valentin Reyes; Alicia Garcia; Ginger Edwards; Jose Guadalupe Arias; Aide Garza, Plaintiffs-Appellees, v. City of Farmers Branch, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 21, 2012.


Attorney(s) appearing for the Case

William A. Brewer, III , Charles Dunham Biles (argued), James Stephen Renard , Bickel & Brewer, Dallas, TX, Nina Perales (argued), Rebecca McNeill Couto , Mexican-American Legal Defense & Educational Fund, San Antonio, TX, R. David Broiles , Fort Worth, TX, Lisa S. Graybill , Am. Civ. Liberties Union Found. of Texas, Austin, TX, Omar C. Jadwat , Am. Civ. Liberties Union Found. Immigrants' Rights Project, New York City, Jennifer C. Newell , Am. Civ. Liberties Union Found. Immigrants' Rights Project, San Francisco, CA, for Plaintiffs-Appellees.

Peter Michael Jung , Strasburger & Price, L.L.P., Dallas, TX, Kris William Kobach (argued), Immigration Reform Law Institute, Kansas City, KS, for Defendant-Appellant.

Carlos Ramon Soltero , McGinnis, Lochridge & Kilgore, L.L.P., Austin, TX, for Texas Apartment Ass'n, Inc., Amicus Curiae.

Morris J. Baller , Goldstein, Demchak, Baller, Borgen & Dardarian, Oakland, CA, for Dominican American National Roundtable, Hispanic Nat. Bar Ass'n, League of United Latin American Citizens, Mexican-American Bar Ass'n of Texas, National Ass'n of Elected and Appointed Officials, National Ass'n of Latino Elected and Appointed Officials Educational Fund, National Council of La Raza, Amici Curiae.

Benjamin M. Shultz , U.S. Dept. of Justice, Civ. Div., App. Staff, Daniel Bentele Hahs Tenny , U.S. Dept. of Justice, Washington, DC, for United States Office of Solicitor General, Amicus Curiae.

Before REAVLEY, ELROD and GRAVES, Circuit Judges.


REAVLEY, Circuit Judge:

The City of Farmers Branch, Texas, ("the City") appeals the district court's summary judgment enjoining it from implementing a purported housing ordinance that requires all adults living in rental housing within the City to obtain an occupancy license conditioned upon the occupant's citizenship or lawful immigration status. The district court concluded that the ordinance was preempted by federal law as a regulation of immigration that infringed...

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