Persida Myers v. Deschutes County, Oregon; and Board of County Commissioners of Deschutes County

Summary

The United States District Court for the District of Oregon denied Persida Myers’s motion for a temporary restraining order and preliminary injunction against Deschutes County and its Board of County Commissioners. The court concluded that Myers had not clearly shown likely success on the merits, irreparable harm, or that the balance of equities and public interest favored injunctive relief in her challenge to a county land-use ordinance affecting residential facilities for individuals with disabilities.

Holdings

1. Myers was not entitled to a temporary restraining order or preliminary injunction because she failed to make the required clear showing under the governing preliminary-injunction factors.
2. Myers did not make a clear showing that she was likely to succeed on her FHA, ADA, Fourteenth Amendment, Fifth Amendment, or Oregon-law claims.
3. Myers did not make a clear showing of likely irreparable harm because the principal injuries alleged were economic and could be addressed through compensatory damages, and alleged injuries to third parties did not establish harm to Myers herself.
4. The balance of equities and public interest did not favor preliminary injunctive relief.

Questions Presented

1. Whether Myers established a likelihood of success on her Fair Housing Act, Americans with Disabilities Act, Fourteenth Amendment, Fifth Amendment, and Oregon-law claims sufficient to warrant preliminary injunctive relief.
2. Whether Myers demonstrated likely irreparable harm absent a temporary restraining order or preliminary injunction.
3. Whether the balance of equities and the public interest favored enjoining enforcement of the county ordinance.

Disposition

other