Erie CPR v. PA Dep't of Transp.

343 F.Supp.3d 531

ERIE CPR, et al., Plaintiffs,

v.PA DEPARTMENT OF TRANSPORTATION, et al., Defendants.

Civil Action No. 18-124 Erie

United States District Court, W.D. Pennsylvania.

Signed October 29, 2018

Lawrence Mays, Robert Smith, III, Cleveland, OH, for Plaintiffs.

Michael E. Kennedy, Office of Attorney General, Pittsburgh, PA, Edward J. Betza, Elderkin, Martin, Kelly & Messina, Catherine Moodey Doyle, Erie, PA, for Defendants.

MEMORANDUM OPINION

SUSAN PARADISE BAXTER, United States District Judge

I. Introduction

This civil action concerns the planned demolition of the East Avenue Bridge, which is owned by the City of Erie and commonly known as the "McBride Viaduct." Compl. ¶¶ 23, 29, Doc. 1. The case was commenced on April 30, 2018 by Plaintiffs Erie CPR¹ and Erie CPR members Beary Clark, Harry Euell, Michael Keys, Judy Lynch, Minister Luchetta Manus, Reverend Charles Mock,² Cynthia Muhammad, Noel Remigio, Abdulla Washington, Adam Trott, Lisa Austin, and Taquanta Gray (collectively, "Plaintiffs"). In their complaint, Plaintiffs request the entry of an order enjoining the Viaduct's removal and granting Plaintiffs a public hearing for the purpose of challenging the demolition plan. To that end, Plaintiffs have filed a motion for preliminary injunction (ECF 3).

In June and July 2018, following a delay in service of the Complaint, the "City Defendants" – i.e., the City of Erie, Pennsylvania (at times herein, the "City"), Erie Mayor Joseph Schember ("Schember"), and the City Council of Erie (the "City Council") -- and the "State Defendants" – i.e., the Pennsylvania Department of Transportation ("PennDOT"), the Pennsylvania Public Utilities Commission ("PA PUC" or the "Commission") -- filed their respective motions to dismiss the Complaint (ECF Nos. 21 and 29). Plaintiffs then sought, and received, an extension of time for purposes of filing their brief in opposition to the State Defendants' motions to dismiss, which was submitted on August 2, 2018 (ECF 35).

On September 18, 2018, the undersigned was assigned this case, following appointment as a United States District Judge. The Court's initial intent, particularly upon learning of the City's imminent demolition plans, was to schedule a hearing on the preliminary injunction. To that end, the Court held several telephonic status calls to discuss the procedural posture of the case and the practical logistics for scheduling either a preliminary injunction hearing or a final hearing on the merits. (ECF Nos. 38, 40, 41.) In the meantime, however, because the pending motions to dismiss were potentially dispositive and could moot the issue of injunctive relief, the Court undertook a careful and thorough review of the pleadings in light of Defendants' pending Rule 12(b)(6) motions. The Court also carefully considered which materials outside of the pleadings could be appropriately considered under Rule 12(b)(6) without the need for converting the Defendants' motion to a Rule 56 motion and thereby creating further delay.

The gravamen of the Complaint is that the City should maintain the Viaduct for continued pedestrian and bicycle use, so as to maintain connectivity between certain Eastside communities and provide what Plaintiffs consider to be a safer and preferable corridor of travel. Plaintiffs fault the City and State Defendants for engaging in a decision-making process that, in their view, involved insufficient outreach to the affected community members. As a result, Plaintiffs maintain, the Defendants failed to understand the importance and utility of the Viaduct as a corridor for non-vehicular traffic. Plaintiffs also fault the Defendants for an alleged lack of transparency which, they claim, precluded interested citizens and organizations like Erie CPR from having a full and fair opportunity to present a case for continued use of the Viaduct as a corridor for walkers and bicyclists. At bottom, Plaintiffs seek an order from this Court that would require the Defendants to abandon their demolition plans and hold a hearing at which Plaintiffs can state their case for maintaining the Viaduct and the decision can be considered anew. In the course of its analysis, the Court concluded that the Plaintiffs' claims do not establish a basis for the relief they are seeking. Accordingly, for the reasons stated herein, Defendants' motions to dismiss the complaint will be granted.

II. Standard of Review

Defendants' motions are predicated on Rule12(b)(6) of the Federal Rules of Civil Procedure. " ‘When considering a Rule 12(b)(6) motion, we accept all factual allegations as true, construe the complaint in the light most favorable to the plaintiff, and determine whether, under any reasonable reading of the complaint, the plaintiff may be entitled to relief.’ " Wayne Land & Mineral Grp. LLC v. Delaware River Basin Comm'n , 894 F.3d 509, 526–27 (3d Cir. 2018) (internal quotation marks and citations omitted). In applying this standard, Court "need not accept as true ‘legal conclusions’ or ‘[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements....’ " Wilson v. City of Phila. , 415 F. App'x 434, 436 (3d Cir. 2011) (quoting Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) ) (alteration and ellipsis in the original); see Papasan v. Allain , 478 U.S. 265, 286, 106 S.Ct. 2932, 92 L.Ed.2d 209 (1986) (on a motion to dismiss, courts "are not bound to accept as true a legal conclusion couched as a factual allegation"). Similarly, the Court need not accept "unwarranted inferences." Doug Grant, Inc. v. Greate Bay Casino Corp. , 232 F.3d 173, 184 (3d Cir. 2000) (internal quotation marks and citation omitted).

In order to survive dismissal, "a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ " Iqbal , 556 U.S. at 678, 129 S.Ct. 1937 (quoting Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). Plausibility means "more than a sheer possibility that a defendant has acted unlawfully." Id. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955 ). The plaintiff must tender more than mere " ‘naked assertion[s]’ devoid of ‘further factual enhancement.’ " Id. (quoting Twombly , 550 U.S. at 557, 127 S.Ct. 1955 ).

In conducting a Rule 12(b)(6) analysis, the Court may consider ‘only the complaint, exhibits attached to the complaint, matters of public record, as well as undisputedly authentic documents if the complainant's claims are based upon [those] documents.’ " Wayne Land & Mineral Grp. LLC v. Delaware River Basin Comm'n , 894 F.3d 509, 526–27 (3d Cir. 2018). (internal quotation marks and citations omitted) (alteration in the original). In the context of this case, the Court will consider: (1) the Complaint, (2) certain judicially-noticeable facts, (3) the "Purpose and Need Report" and the "Alternative Analysis Report" and related materials published by L.R. Kimball as part of the McBride Viaduct "Feasibility Study," see http://www.mcbrideviaduct.com/files/McBride_Viaduct-2012_P_N_Report.pdf and http://www.mcbrideviaduct.com/files/McBride_Viaduct_Feasbility_Study-Alternatives_Analysis_Report_2014.pdf;³ (4) the Secretarial Letter issued by the PA PUC on February 17, 2017 (ECF No. 21-1); (5) the Opinion and Order entered by the PA PUC on July 18, 2017 (ECF 21-2); and (6) the Secretarial Letter issued by the PA PUC on December 20, 2017 (ECF 21-3).⁴

III. Factual and Procedural Background

A. Background Facts

The "McBride Viaduct" (at times hereafter, the "Viaduct") is a 1,170-foot bridge that extends south from East 12^th Street in the City of Erie to East 19^th Street. Compl. ¶ 30. It spans the CSX and Norfolk Southern Railroad tracks, which lie beneath to the East and West. Id. Originally constructed in 1938, the Viaduct is named for Monsignor Lawrence McBride, who was so moved by the death of a child crossing the railroad tracks that he lobbied for construction of a bridge over the railroad tracks in order save lives. Id. ¶ 23.

The land use under the Viaduct and along the nearby Bayfront Connector is industrial and zoned manufacturing. Compl. ¶ 37. The surrounding areas include commercial buildings, recreation sites, places of worship, and residential structures – including public housing communities and scattered Section 8 dwellings. Id. The neighborhoods surrounding the Viaduct are ethnically mixed and its inhabitants tend to have lower incomes. Compl. ¶ 36. A significant number of the Hispanic residents of the McBride Viaduct neighborhood and adjoining census tracts have limited proficiency in the English language. Id.

In 2009, an independent engineering firm inspected the Viaduct and confirmed that it had experienced "major deterioration," requiring "significant repair work" in order to maintain its designated carrying capacity. Purpose and Need Report, http://www.mcbrideviaduct.com/files/McBride_Viaduct-2012_P_N_Report.pdf (at times hereafter, "P & N Report") at 1. The following year, the City closed the Viaduct to vehicular traffic for public safety reasons. Id. at 2; Alternative Analysis Report, http://www.mcbrideviaduct.com/files/McBride_Viaduct_Feasbility_Study-Alternatives_Analysis_Report_2014.pdf (at times hereafter, "A.A. Report") at 1. A biennial inspection of the Viaduct was conducted in 2011 in accordance with the National Bridge Inspection Standards. P & N Report at 3. This inspection revealed that the structure was both "structurally deficient" and "functionally obsolete" due to the poor rating of its structural elements and their inability to meet current design standards. Id. ; A.A. Report at 1. Since being closed off to vehicular traffic, the Viaduct has been used exclusively by pedestrians and bicyclists. P & N Report at 9; ...