Some West Dallas residents will have to wait just a little longer to find out the fate of their application that seeks to shut down a decades-old shingle factory near their homes. A Dallas district judge said Thursday she needed more time to think about the implications of the case.
District Judge Gena Slaughter said that she had been reading case law around this issue but needed more time to deliberate before handing down a judgement.
“This is not an area that I am familiar with,” Slaughter said. “I do need a couple of days to read it and put everything in context.”
West Dallas residents have said for years the plant’s emissions are harming their health — and the health of their families. The operators of the plant have maintained the emissions follow state and federal air standards — and are planning on moving out of the area at the end of the decade.
Janie Cisneros, leader of the West Dallas community group Singleton United/Unidos, sued the city earlier this year for blocking her right to file for a scheduled closure of the GAF shingle factory on Singleton Boulevard.
Cisneros told KERA after the court hearing that she was hopeful that the judge would rule in her favor.
"We made a strong case," Cisneros said. "My lawyer said it best, we want our due process, we want the right to submit this application...we just want to be heard."
Cisneros’ legal action came after trying to start the process twice and being denied by the city both times.
The process would call on a city board to determine whether the shingle factory is a “nonconforming use” and whether it is harming the surrounding area. If it meets the Board of Adjustment’s definition then the group tries to figure out the process to see it closed.
The Dallas City Attorney’s Office has said that a state law passed last year upended that process.
City staff have said previously that Senate Bill 929 changes how potentially nonconforming operators get paid to close. Ultimately, the city is on the hook to pay any costs associated with a scheduled closure.
The staff have said that’s why the provision for a resident to file for a scheduled closure has been limited.
But Cisneros’ lawyers said it’s been over a year since the law was passed and the city has not amended the ordinance to comply with that law.
Robert Miklos, who represents Cisneros, said during the hearing that, historically, the city has made quick work of getting into compliance — and hasn’t necessarily blocked applications in the process.
“It doesn’t entitle the city to go ‘I don’t know what to do with this I’m just going to suspend receiving applications until further notice’,” Miklos said.
Miklos argued that when the state law became effective, the city should have accepted Cisneros’ application and ordered the city’s Board of Adjustment to schedule a hearing. Miklos said the only thing that has changed was how operators got paid.
Justin Roy, a city of Dallas assistant attorney, said the changes could leave the city vulnerable to large payouts for operators. Roy also said those payments may not need to be approved by the Dallas City Council — which he argued would go against the city’s charter.
As far as the timeline, Roy told the court that the amendment hadn’t been approved yet because of the different boards and commissions it has to pass through.
Roy said the delay is because the city’s plan commission is also dealing with a new land use plan — Forward Dallas — that has been taking up the group’s time.
“And that does sound disingenuous, but that’s what’s going on,” Roy said during Thursday’s hearing.
Slaughter said she hoped to get a ruling by the end of next week.
Got a tip? Email Nathan Collins at ncollins@kera.org. You can follow Nathan on Twitter @nathannotforyou.
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