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Freeman v. City of Dallas

186 F.3d 601 (1999)

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Freeman v. City of Dallas

United States Court of Appeals for the Fifth Circuit
186 F.3d 601 (1999)

Facts

Rosalyn Brown and Charles Freeman (plaintiffs) owned two vacant apartment buildings within the City of Dallas (the city) (defendant). The city’s Urban Rehabilitation Standards Board (the board) held a hearing to determine whether Brown and Freeman’s buildings violated the city’s building code. Notice of the hearing was mailed to the plaintiffs, and it included language stating that demolition was a possible outcome if a violation was determined to exist. Unbeknownst to Brown and Freeman, panel members of the board toured their properties and were given reports on the violations. However, the notice was received the same day as the hearing. Nevertheless, Freeman attended the hearing and stated that he planned to make the necessary repairs himself. The board voiced its concerns about his ability to do so and unanimously voted to demolish both buildings. Mr. Freeman petitioned for a rehearing, which was granted, but the board again voted to demolish the buildings. The city went ahead with the demolition and assessed the costs against Brown and Freeman. Brown and Freeman filed suit, alleging that they were not given a meaningful opportunity to be heard before being deprived of their property interests.

Rule of Law

Issue

Holding and Reasoning (Dennis, J.)

Dissent (Dennis, J.)

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