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Walker v. New Castle County Delaware

United States District Court, D. Delaware

October 24, 2014

JILLIAN E. WALKER, Plaintiff,
v.
NEW CASTLE COUNTY DELAWARE, Defendant.

MEMORANDUM

GREGORY M. SLEET, District Judge.

I. INTRODUCTION

The plaintiff lillian E. Walker ("Walker") filed this action alleging violations under 42 U.S.C. § 3601, et seq., 24 C.P.R.§ 100.500, and the First, Fourth, Fifth, and Fourteenth Amendments to the United States Constitution with regard to housing discrimination. (D.I. 2.). An amended complaint was filed on October 10, 2014. (D.I. 24.) Walker appears prose and has paid the filing fee. On September 16, 2014, Walker filed a motion for a temporary restraining order/preliminary injunction. (D.I. 21) The defendant New Castle County ("NCC") opposes the motion. (D.I. 23.)

II. LEGALSTANDARD

A preliminary injunction is "an extraordinary remedy that should be granted only if: (1) the plaintiff is likely to succeed on the merits; (2) denial will result in irreparable harm to the plaintiff; (3) granting the injunction will not result in irreparable harm to the defendant; and (4) granting the injunction is in the public interest." NutraSweet Co. v. Vit-Mar Enterprises, Inc., 176 F.3d 151, 153 (3d Cir. 1999) ( "NutraSweet II" ). The elements also apply to temporary restraining orders. See NutraSweet Co. v. Vit-Mar Enterprises., Inc., 112 F.3d 689, 693 (3d Cir. 1997) ( "NutraSweet I" ) (a temporary restraining order continued beyond the time permissible under Rule 65 must be treated as a preliminary injunction, and must conform to the standards applicable to preliminary injunctions). "[F]ailure to establish any element in [a plaintiff's] favor renders a preliminary injunction inappropriate." NutraSweet II, 176 F.3d at 153.

III. DISCUSSION

Walker owns property located at 2127 Naamans Road, Wilmington, Delaware. It appears that the property is leased to The Disabled Disadvantaged Foundation, known as the 3D Foundation. (D.I. 21, ex. G.) Walker alleges that, beginning in 2008, the defendant New Castle County ("NCC") increased the rate of inspections and code violations at the property. Walker asserts that the property was targeted because it housed a "peculiar family formation of unrelated, low-income, disabled, black and white men and women living together in a home in an area of generally middle and upper middle income homes. ( Id. at 2.) The property has been cited for numerous violations and over $1, 900 in fines have been assessed. ( Id. at ex. E.) The record reflects that most recently the property received the following code violations:

1. September 10, 2014. Section PM 302.4.2, prohibited growth of weeds and grass; §PM 302.7, accessory structures;§ PM 302.10, outside storage of household items; and § PM 302.11, outside storage or accumulation of debris.
2. August 22, 2014. Section PM 302.4.2, prohibited growth of weeds and grass; § PM 302.7, accessory structures; § PM 302.10, outside storage of household items; and § PM 302.11, outside storage or accumulation of debris.
3. June 23, 2014. Section PM 302.4.2, prohibited growth of weeds and grass and § PM 302.10, outside storage of household items.
4. June 6, 2014. Section PM 302.4.2, prohibited growth of weeds and grass and § PM 302.10, outside storage of household items.
5. February 7, 2013. Section PM 302.7, accessory structures;§ PM 302.10, outside storage of household items; and § PM 302.11, outside storage or accumulation of debris.
6. January 11, 2013. Section PM 302.7, accessory structures;§ PM 302.10, outside storage of household items; and § PM 302.11, outside ...

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