Kimberly Mensie v. City of Little Rock
Opinion
Kimberly Mensie sued the City of Little Rock (the "City") after it denied her applications for rezoning to open a beauty salon in a residential neighborhood. Mensie alleges the City discriminated against her on the basis of race and treated her differently from other salon operators in violation of the U.S. Constitution. The district court 1 granted summary judgment to the City, and we affirm.
I. Background
In 2007, Mensie purchased a house at 310 North Van Buren Street in Little Rock, Arkansas, intending to live there and also operate a beauty salon from the premises. At the time, Mensie did not realize the property was designated only for "Single Family" use under the City's Land Use Plan and zoning ordinance. The house was located on the middle of the block between B Street to the south and C Street to the north. Under the City's Land Use Plan, everything along North Van Buren Street from B to G Streets was designated for Single Family use. There was an area zoned for Single Family and Suburban Office just south of B Street and an area zoned for Commercial and Office uses about two blocks south of Mensie's house at the intersection of North Van Buren and West Markham Streets. However, Mensie's house was surrounded by single-family homes.
The City's Planning Commission ("Commission") and Board of Directors ("Board") subsequently denied Mensie's applications to rezone her house for use as a salon.
2
Mensie, who is African American,
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brought this lawsuit under
Mensie first sued the City in Arkansas state court in 2008. The case was dismissed without prejudice in May 2015 for failure to prosecute. Mensie filed her current suit in the same state court in November 2015, and the City removed it to federal district court. 3
After discovery, the district court granted the City's motion for summary judgment, concluding Mensie failed to show the City either treated her less favorably than other similarly situated salon operators or denied her applications based on race. Mensie appeals.
II. Standard of Review
This court reviews a grant of summary judgment de novo, viewing the evidence in the light most favorable to the nonmoving party.
Barstad v. Murray Cty.
,
III. Discussion
Mensie argues the City violated her "substantive due process rights" by denying her rezoning applications based at least partially on her race. She also argues the City violated her equal protection rights by discriminating against her as a "class of one" in comparison to other similarly situated salons throughout the City. Viewing both of these arguments as equal protection claims, 4 we find them to be *689 without merit for the reasons discussed below.
A. Race-Discrimination
Mensie alleges the City's denial of her rezoning request constituted racial discrimination in violation of her right to equal protection under the law. To establish a violation of the Equal Protection Clause under this theory, Mensie is required to show "proof that a [racially] discriminatory purpose has been a motivating factor in the decision."
Village of Arlington Heights v. Metro. Hous. Dev. Corp.
,
Mensie argues the historical background and relevant sequence of events give rise to an inference of racial discrimination here. She notes the City's Director of Planning and Development opposed the idea "before the process had even begun." She also observes that the Commission rejected her applications even after she incorporated changes recommended by Commission staff in a preliminary meeting. Specifically, Mensie submitted a revised plan clarifying that her property would not contain a dumpster and would comply with the overlay standards of the surrounding Hillcrest neighborhood. At a hearing before the Commission, Mensie proposed several more changes on her own initiative, including reducing the number of employees, operating on an appointment-only schedule, and cutting the number of parking spaces in a parking lot she planned to pave in her backyard. The Commission still did not approve.
We see no evidence of racial discrimination on these facts, particularly in light of the Supreme Court's decision in
Village of Arlington Heights
. There, a Chicago suburb (the "Village") denied an application to rezone a parcel of land from a single-family to a multiple-family classification for building racially-integrated low- and moderate-income housing.
Village of Arlington Heights
,
Here Mensie's property was also zoned Single Family in a historically single-family neighborhood.
5
Furthermore, the record
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indicates her applications progressed according to usual procedures. She met with several City staff members prior to submitting her applications.
See
Little Rock Rev. Code § 36-454(b) (requiring a "preapplication conference" between the applicant and City staff prior to submitting a Planned Development application). Commission staff then conducted two written analyses and recommended that the Commission deny Mensie's proposal.
See id
. § 36-454(c)(2) (requiring planning staff to review an applicant's preliminary plan and forward a recommendation to the Commission). Mensie then had a timely public hearing before the Commission and two timely public hearings on appeal before the Board.
6
See
id
. (requiring a public hearing before the Commission on an applicant's preliminary plan within sixty days after planning staff files its review and recommendation);
see also id
. § 36-85(a) (authorizing rezoning applicants to appeal Commission's denial to the Board for review). Additionally, the changes Mensie incorporated at the Commission's request were merely, in its words, "technical issues" to comply with local rules. Put simply, "there is little about the sequence of events leading up to the decision that would spark suspicion."
Village of Arlington Heights
,
The administrative history here supports this conclusion. The Commission staff's pre-hearing analyses "focused ... exclusively on the zoning aspects of [Mensie's] petition."
Id
. at 270,
We find no basis for Mensie's argument that the City relied on racist "code words" by crediting neighbors' concerns about the possibility of decreased property values and increased crime as a result of Mensie's salon. Mensie notes one Board member who voted to deny Mensie's appeal later testified that she found the neighbors' opposition persuasive. Mensie then notes the Board ultimately denied her proposal by a 4-to-4 vote, making the
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neighbors' coded racism a dispositive factor in its demise. However, "[f]acially race-neutral statements, without more, do not demonstrate racial animus on the part of the speaker."
Twymon v. Wells Fargo & Co.
,
Even if concerns about increased crime in this context could be considered racial code words, nothing indicates the City itself was improperly motivated by this concern or by Mensie's race. The record indicates that only one opponent mentioned increased crime as a concern at any of the hearings. Many others expressed opposition based on preventing increased commercialization of the residential neighborhood, consistent with the Commission staff's analysis. The testifying Board member merely said she was persuaded by the "objections of the neighborhood" in general as well as by the Commission staff's recommendation, without any indication of discriminatory motive.
See
Village of Arlington Heights
,
We also reject any argument that we should infer racial opposition in the overall comments of Mensie's neighbors to the City in light of their allegedly hostile treatment toward her when she moved into the neighborhood
7
and from the fact City officials allegedly voted against her applications mostly along racial lines. Unlike these allegations, the City's interest in preserving the neighborhood's residential character from increased commercialization is supported by the record, and this precludes any inference that the City's decision was racially motivated.
See
Gallagher v. Magner
,
Therefore, Mensie's race-discrimination claim under the Equal Protection Clause must fail.
B. Class-of-One Discrimination
We next address Mensie's class-of-one discrimination claim. "The Equal Protection Clause requires that the government treat all similarly situated people alike."
Barstad
,
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Where a plaintiff has not shown discrimination based on membership in a class or group, the Supreme Court's "cases have recognized successful equal protection claims brought by a 'class of one,' where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment."
Village of Willowbrook v. Olech
,
Instead, we are authorized only "to ascertain whether there has been a transgression upon the property owner's constitutional rights."
Id
. For this reason, "[i]dentifying the disparity in treatment is especially important in class-of-one cases."
Barstad
,
Mensie fails to meet this standard. She merely asserts on appeal that a number of manicurists and beauty salons operated from their homes across the City. Although Mensie underlined dozens of purported comparators in a roster of local salons that she placed in the record, we agree with the district court that she failed to identify how any were similarly situated in all material respects, including in time, location, the zoning amendment process, and the City's Land Use Plan. See id . (stating that plaintiffs "fail[ed] to allege and prove facts showing they were similarly situated to other towing and wrecker services, or that those companies were treated more favorably under similar circumstances").
Mensie also asserts that a number of local salons were located in residential and other non-conforming zoning areas or had previously been granted similar Planned Development applications. But in a separate list Mensie offered to support this assertion (showing the zoning classifications of ninety-three area salons), she again fails to explain how any were similarly situated to her proposed salon in all material respects.
See
Nolan
,
Having failed to establish disparate treatment, Mensie's class-of-one discrimination claim under the Equal Protection Clause must also fail.
IV. Conclusion
For the reasons set forth above, we affirm the district court's grant of summary judgment to the City.
The Honorable James M. Moody, Jr., United States District Judge for the Eastern District of Arkansas.
Mensie submitted two applications. One proposed reclassifying her property under the City's Land Use Plan from "Single Family" to "Mixed Use." The other proposed rezoning her property from R-3 Single Family to "Planned Development-Commercial" ("PD-C"), a designation "intended to accommodate single use commercial developments." Little Rock Rev. Code § 36-452(3)(a).
The parties do not dispute on appeal whether Mensie timely filed her current suit under Arkansas's savings statute,
see
We have recognized that "if a constitutional claim is covered by a specific constitutional provision ... the claim must be analyzed under the standard appropriate to that specific provision, not under the rubric of substantive due process."
Moran v. Clarke
,
While there was an area of suburban office uses south of B Street, it is undisputed this area served as a buffer between commercial uses to the south, at the intersection of North Van Buren and West Markham Streets, and residential uses to the north. Further, while Mensie disputes whether two nearby businesses to the north of her house were nonconforming uses in operation prior to the effective date of the current zoning ordinance, see Little Rock City Code §§ 36-151, 153 (authorizing nonconforming uses), it is undisputed neither business was on her block.
After the Commission denied Mensie's applications, the Board on appeal held separate hearings for her proposed amendments to the City's Land Use Plan and her property's zoning designation, respectively.
Mensie alleges that after she purchased her house, the neighbors refused to make eye contact or speak with her and also made threatening, anonymous phone calls to her.
Reference
- Full Case Name
- Kimberly MENSIE, Plaintiff-Appellant v. CITY OF LITTLE ROCK, Defendant-Appellee
- Cited By
- 49 cases
- Status
- Published