ELR Citation: ELR 20199
No(s). 3:90CV000680 (E.D. Va. Jun 21, 1991)

The court holds that issues of fact concerning a county's discriminatory intent in siting a landfill in a predominantly Afro-American neighborhood preclude summary judgment on an equal protection challenge, but the county's failure to provide assurances of road improvements does not violate the Fourteenth Amendment Due Process Clause. The court finds that the evidence of disparate impact on Afro-American residents of landfill siting suggests that the decision to locate the landfill in a predominantly Afro-American neighborhood may have been motivated by discriminatory intent. The official responsiveness to resistance by white residents to landfill development is in contrast to the apparent nonresponsiveness to resistance from Afro-American residents. Further, departures were made from normal procedures in gaining approval for the landfill. The court holds that the Fourteenth Amendment does not protect a property owner from a decline in property value resulting from a government decision to allow lawful but unattractive use of neighboring property. The court also holds that general health, safety, and environmental concerns do not constitute property or liberty protected by the Due Process Clause.

[A subsequent decision is published at 22 ELR 20200.]

Counsel for Plaintiffs
Sa'ad El-Amin
1215 W. Main St., Richmond VA 23220
(804) 359-4640

Counsel for Defendants
John G. Douglass, Jonathan S. Geldzahler
Wright, Robinson, McCammon, Osthimer & Tatum
411 E. Franklin St., Ste. 400, Richmond VA 23219
(804) 783-1100