[caption] PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION Plaintiffs, by their attorneys, pursuant to Fed. R. Civ. Pro. 65, move this Court to enter a preliminary injunction enjoining defendants from enforcing their zoning ordinance and prohibiting plaintiff ____. (“____”) from constructing up to ____ units of housing for farm workers and their families, and ordering defendants to issue plaintiff ____ a certificate of zoning compliance to permit construction of the housing project. Upon the facts stated in the complaint, the attached affidavit of Ron Fox and declarations of plaintiffs ___ and ____, and the arguments stated in the plaintiffs' memorandum of law in support of this motion, plaintiffs demonstrate that preliminary injunctive relief should be granted because, defendants are unlawfully discriminating against them in violation of the Fair Housing Act, 42 U.S.C. §3601 et seq. and because defendants' actions constitute a taking of plaintiff ____'s property without just compensation in violation of the Civil Rights Act and the. Fifth and Fourteenth Amendments of the Constitution of the United States. Plaintiffs have shown the following: 1. Plaintiff ____ is an Illinois corporation which is in the business of growing wholesale garden plants. Its principle place of business is in ___ County, where it owns and operates a large farm ("the __"). 2. Plaintiff ____ intends to build a housing project at the ___ for its farmworker employees and their families in order to assure an adequate and stable work force. The first phase of the project will cost approximately $,000.00 and will include __ (_) family units and ____ (_) units for single persons, as well as day care facilities, laundry facilities and recreational facilities. 3. The housing project will be financed by a loan from the U.S. Farmers Home Administration ("FmHA”), which has determined that there is a need in the area f or decent, safe and sanitary housing for domestic farm laborers. Plaintiff ____'s loan was conditionally approved by FMHA, subject to receipt of a certificate of zoning compliance from defendants so plaintiff ____ can close the loan and commence construction. 4. Plaintiffs ___ and ___ are farm workers who are employed by plaintiff __ as laborers at the ____. They intend to reside with their families at the proposed housing project. They currently reside in substandard, overcrowded housing in ___ County. Plaintiffs _ and ___ are members of a protected class under the Fair Housing Act, 42 U.S.C. §3604. 5. According to defendants' zoning ordinances, the ___farm is zoned "A," for agricultural uses. Section 3-13 of defendants' zoning ordinance includes an agricultural exemption, also provided by 55 ILCS 5/5-12001 (1989 ed.), which restricts defendant __ County's zoning powers over land used for agricultural purposes. 6. On ___, defendant Zoning Board of Appeals of ___ County, acting pursuant to its final decision-making authority in ____ County, voted _-_ to deny plaintiff ____'s application for a variance. At that time the Zoning Board members advised the public and the County Zoning.. Administrator that plaintiff ____ could build the housing project for agricultural workers, but that non-working spouses or children could not occupy the housing units with the workers. 7. On ___, plaintiff _ requested that defendant County of __ Is Zoning Administrator issue an initial certificate of zoning compliance for the housing project, but this request was denied on ____. 8. If plaintiff ___ is unable to commence construction of the first phase of the housing project by approximately ____, it will be unable either to close its loan with FMHA or to complete construction before the winter; as a result, plaintiff ____ will not have sufficient, decent housing available for its farmworker employees, including plaintiffs ___, __, and all persons similarly situated, in ___ or thereafter. 9. Plaintiffs are likely to prevail on the merits of their claims. The Fair Housing Act, 42 U.S.C. §3601 et seq., prohibits discrimination in housing on the basis of familial status. Defendants have denied housing to plaintiffs __ and ___ and their families and all persons similarly situated, making it unavailable on the basis of their familial status, in violation of 42 U.S.C. §3604(a). Both representative plaintiffs ___ and ___ and plaintiff ____ are aggrieved persons under 42 U.S.C. §3613 who have been injured because of defendants' discriminatory housing practices. Defendants have interfered with plaintiffs exercise and enjoyment of rights granted to them by section 3604 of the Fair Housing Act, in-violation of 42 U.S.C. §3617. 10. Plaintiffs are suing under a federal act which provides for injunctive relief. 42 U.S.C. §3613(c)(1). As a result, plaintiffs need not show irreparable injury to obtain a preliminary injunction. However, irreparable injury will clearly result if preliminary relief is not granted. If plaintiff ____ is not allowed to build the housing project, plaintiffs __ and __, their families and all persons similarly situated, will have to continue to reside in substandard, inadequate and overcrowded conditions or be forced to separate from their families. 11. Plaintiffs are also suing under a federal act for which injunctive relief is a well- recognized remedy; 42 U.S.C. §1983. If plaintiff ____ is not allowed to commence construction by __________ , the economic viability of plaintiff ____'s property interest in its real estate, which is unique, will be seriously compromised through the ____ growing season, and will threaten the ability of ____ to obtain the federal funding, further impacting all plaintiffs. The actions of defendants have thus interfered with plaintiff ____'s property rights and constitute a taking in violation of the Fifth and Fourteenth Amendments. Such injuries are irreparable and warrant temporary injunctive relief. 12. The injury to plaintiffs outweighs any harm to defendants from a preliminary injunction. 13. No adequate remedy at law exists. 14. A preliminary injunction will serve the public interest. It will further the strong national policy to eradicate housing discrimination against families with children. WHEREFORE, plaintiffs pray that this Court issue a preliminary injunction enjoining defendants from enforcing their zoning ordinance or prohibiting plaintiff ____ from constructing the housing project, requiring defendants to issue a certificate of zoning compliance to plaintiff ____ to construct the housing project, and allowing plaintiffs ____ and ___, their families, and all others similarly situated to reside therein, pending final hearing and disposition of this case.
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