UNITED STATES OF AMERICA,

                                 Plaintiff,
                                                                                 Case No. CV02-68-C-EJL
          v.
                                                                                  FIRST AMENDED COMPLAINT
THOMAS DEVELOPMENT CO.; LINKS
PROPERTIES, LLC; TURNBERRY L.P.;
CENTURION PROPERTIES, LLC;
THOMAS C. MANNSCHRECK;
WILSON ARCHITECTURAL;
ZIEGLER-TAMURA LTD. CO.;
RALPH R. "ROCKY" TOWLE, f/d/b/a
      DESIGN RESOURCES;
ERIC HASENOEHRL, f/d/b/a
      E.F. ENGINEERING;
HUBBLE ENGINEERING, INC.;
EHM ENGINEERS, INC.;
ASPEN HILLS L.P.;
BALTRAY L.P.; BRITTAS BAY L.P.;
CARNOUSTIE L.P.; DONEGAL L.P.;
MALLARD COVE ASSOCIATES, L.P.;
PARKWOOD ASSOCIATES, L.P.;
PRESTWICK L.P.; TRALEE L.P.;
WESTRIDGE ASSOCIATES, L.P.;
WESTERN GAILES L.P.,

                                  Defendants.

The United States of America alleges:

1. This action is brought by the United States to enforce the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601-3619 (the "Fair Housing Act"), and Title III of the Americans with Disabilities Act, 42 U.S.C. §§ 12181-12189 (the "ADA").

JURISDICTION AND VENUE

2. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1345, 42 U.S.C. § 3614(a), and 42 U.S.C. § 12188(b)(1)(B).

3. Venue is proper in the District of Idaho pursuant to 28 U.S.C. § 1391(b) because: (a) all of the Defendants reside in and/or do business in the District of Idaho, and (b) all of the properties that are the subject of this suit are in the District of Idaho.

DEFENDANT PARTIES

A. Developer-defendants

4. Defendant Thomas Development Company is a corporation organized under the laws of Idaho, that conducts business in Idaho. Defendant Links Properties, LLC, is a limited liability company organized under the laws of Idaho, that conducts business in Idaho. Defendant Centurion Properties, LLC, is a limited liability company organized under the laws of Idaho, that conducts business in Idaho.

5. Defendant Thomas Mannschreck is and, at all relevant times, has been the general manager of Defendants Links Properties, LLC and Centurion Properties, LLC, and the managing partner of Turnberry L.P. Defendant Mannschreck resides and does business in the District of Idaho.

6. Defendants Thomas Development Company, Thomas Mannschreck, Links Properties, LLC, and Centurion Properties, LLC, were responsible for the design, construction, and development of the following apartment complexes, as well as others, in the State of Idaho:

(hereinafter "subject complexes").

7. In developing each of the above mentioned complexes, defendants Thomas Mannschreck, Links Properties, LLC, and Centurion Properties, LLC, established or worked in conjunction with the following entities in developing the properties: defendant Aspen Hills L.P. participated in the development of Aspen Hills Apartments; defendant Baltray L.P. participated in the development of Baltray Apartments; defendant Brittas Bay L.P. participated in the development of Brittas Bay Apartments; defendant Carnoustie L.P. participated in the development of Carnoustie Apartments; defendant Donegal L.P. participated in the development of Donegal Bay Apartments; defendant Mallard Cove Associates, L.P. participated in the development of Mallard Cove Apartments; defendant Parkwood Associates, L.P., participated in the development of Parkwood Apartments; defendant Prestwick L.P., participated in the development of Prestwick Apartments; defendant Tralee L.P., participated in the development of Tralee Apartments; defendant Turnberry L.P., participated in the development of Turnberry at Village Green Apartments; defendant Western Gailes L.P., participated in the development of Western Gailes Apartments; defendant Westridge Associates, L.P., participated in the development of Westridge Apartments. Each of the entities named above is a business entity organized under the laws of the State of Idaho that does business in the District of Idaho.

B. Architect-defendants

8. Defendant Ralph R. "Rocky" Towle, formerly doing business as Design Resources, is the architect who designed the buildings, apartment units, rental office, and common use clubhouse and laundry room at Turnberry at Village Green Apartments.

9. Defendant Ziegler-Tamura Ltd. Co. is the architectural firm that designed Brentwood Apartments, Country Club Apartments, Park Hill Apartments, Pierce Park Apartments, Shaw Mountain Apartments, and West Ridge Apartments.

10. Defendant Wilson Architectural is the architectural firm that designed Baltray Apartments, Brittas Bay Apartments, Carnoustie Apartments, Donegal Bay Apartments, Prestwick Apartments, Tralee Apartments, and Western Gailes Apartments.

C. Engineer-defendants

11. Defendant Eric Hasenoehrl, formerly doing business as E.F. Engineering, is the engineer who designed the parking and sidewalks at Turnberry at Village Green Apartments.

12. Defendant Hubble Engineering, Inc. is the engineering and architectural firm that designed the public and common use areas of Aspen Hills Apartments, Brentwood Apartments, Parkwood Apartments, and Pierce Park Apartments.

13. Defendant EHM Engineering, Inc. is the engineering and architectural firm that designed the public and common use areas of Baltray Apartments, Brittas Bay Apartments, Carnoustie Apartments, Donegal Bay Apartments, Prestwick Apartments, Tralee Apartments, and Western Gailes Apartments.

PATTERN OR PRACTICE VIOLATION: FAIR HOUSING ACT

14. Each of the subject complexes contains residential apartment units that are "dwellings" within the meaning of 42 U.S.C. § 3602(b) and each subject complex was designed and constructed for first occupancy after March 13, 1991.

15. The ground floor units at each subject complex are "covered multi-family dwellings" within the meaning of 42 U.S.C. § 3604(f)(7)(A) and are subject to the requirements of 42 U.S.C. § 3604(f)(3)(C).

16. The subject complexes comprise approximately 116 buildings containing residential rental dwellings built since the effective date of the accessible design requirements of the Fair Housing Act. These buildings contain approximately 484 ground floor units that are subject to the accessibility requirements of the Fair Housing Act.

17. Defendants have failed to design and construct the ground floor units and public and common use areas at the subject complexes and others in such a manner that:

1. the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;

2. all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and

3. all premises within such dwellings contain the following features of adaptive design:

   1. an accessible route into and through the dwelling;

   2. light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

   3. reinforcements in bathroom walls to allow later installation of grab bars; and

   4. usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

18. Defendants, through the actions described in the paragraphs above, have:

1. Discriminated in the sale of, or otherwise made unavailable or denied, dwellings to persons because of handicap, in violation of 42 U.S.C. § 3604(f)(1);

2. Discriminated against persons in the terms, conditions, or privileges of the sale of a dwelling, or in the provision of services or facilities in connection with the sale of a dwelling, because of handicap, in violation of 42 U.S.C. § 3604(f)(2); and

3. Failed to design and construct dwellings in compliance with the requirements mandated by 42 U.S.C. § 3604(f)(3)(C).

19. In June 2001, a tenant at Turnberry requested that the management of Turnberry make certain modifications to the ventilation system at Turnberry, and take certain other actions, as a reasonable accommodation for his claimed breathing-related disability and the claimed breathing-related disability of his minor son.

1. Through such request, the tenant exercised his right and the right of his family under the Fair Housing Act, 42 U.S.C. 3604(f)(3)(B), to request such a reasonable accommodation of the rules, policies, practices, or services as may be necessary to afford them an equal opportunity to use and enjoy a dwelling.

2. In response to the above request, Defendant Turnberry L.P. retaliated against the family described above for exercising their right to request a reasonable accommodation by threatening to evict the family. No other reason for the eviction was given other than the reasonable accommodation request.

3. When the family objected to this eviction as retaliation in violation of the Fair Housing Act, Defendant Thomas C. Mannshcreck, acting for himself and on behalf of Thomas Development Co., Links Properties, LLC, and Turnberry L.P., changed the family's sanction for requesting a reasonable accommodation from eviction to refusing to renew the family's lease at the end of the lease term.

4. Through the actions described above, Defendants Thomas Development Co., Links Properties, LLC, Turnberry L.P., and Thomas C. Mannschreck have coerced, intimidated and interfered with one or more persons in the exercise of, or on account of their having aided or encouraged another person in the exercise of, rights protected by the Fair Housing Act, in violation of 42 U.S.C. § 3617.

20. The conduct of Defendants described above in this Count constitutes:

1. A pattern or practice of resistance to the full enjoyment of rights granted by the Fair Housing Act, 42 U.S.C. §§ 3601-3619; and

2. A denial to a group of persons of rights granted by the Fair Housing Act, 42 U.S.C. §§ 3601-3619, which denial raises an issue of general public importance.

21. Persons who have been the victims of Defendants' discriminatory housing practices are persons aggrieved within the meaning of 42 U.S.C. § 3614(d)(1)(B), and may have suffered injuries as a result of Defendants' conduct described above.

22. The discriminatory actions of Defendants were intentional, and taken in willful and knowing disregard for the rights of others.

PATTERN OR PRACTICE VIOLATION: AMERICANS WITH DISABILITIES ACT

23. The rental offices at the subject complexes are sales or rental establishments, the operations of which affect commerce, and therefore are "public accommodations" within the meaning of 42 U.S.C. § 12181(7).

24. The rental offices at the subject complexes, including Aspen Hills Apartments, Brentwood Apartments, Carnoustie Apartments, Turnberry at Village Green Apartments, and Westridge Apartments were designed and constructed for first occupancy after January 26, 1993. The rental offices and the facilities, privileges, and accommodations provided for the public appurtenant to the use of the rental offices, including the parking, sidewalks, and restrooms at the rental offices, are covered by the prohibition on discrimination in 42 U.S.C. § 12182(a), and are subject to the design and construction requirements of 42 U.S.C. § 12183(a)(1).

25. Defendants Thomas Development Co., Links Properties, LLC, Centurion Properties, LLC, Turnberry L.P., Thomas Mannschreck, Aspen Hills L.P., Carnoustie L.P., and Westridge Associates, L.P., as the owners and operators of Aspen Hills Apartments, Brentwood Apartments, Carnoustie Apartments, Turnberry at Village Green Apartments, and Westridge Apartments, have failed to design and construct the rental offices at Aspen Hills Apartments, Brentwood Apartments, Carnoustie Apartments, Turnberry at Village Green Apartments, and Westridge Apartments, and the appurtenant parking, sidewalks, and restrooms at those rental offices, in such a manner that the facilities are readily accessible to and usable by individuals with disabilities.

26. The actions of defendants Thomas Development Co., Links Properties, LLC, Centurion Properties, LLC, Turnberry L.P., Thomas Mannschreck, Aspen Hills L.P., Carnoustie L.P., and Westridge Associates, L.P. , as described in paragraphs 23-25 above, constitute:

1. Discrimination against individuals with disabilities in the full and equal enjoyment of the services, facilities, privileges, and accommodations of a place of public accommodation, in violation of 42 U.S.C. § 12182(a); and

2. A failure to design and construct public accommodations in compliance with the requirements mandated by 42 U.S.C. § 12183(a)(1).

27. The conduct described in paragraphs 23-25 above constitutes:

1. A pattern or practice of discrimination under Title III of the ADA, 42 U.S.C. §§ 12181-12189; and

2. Discrimination against a person or group of persons under Title III of the ADA, 42 U.S.C. §§ 12181-12189, which discrimination raises an issue of general public importance.

28. Persons who have been the victims of these discriminatory practices are persons aggrieved within the meaning of 42 U.S.C. § 12188(b)(2)(B), and may have suffered injuries as a result of the conduct of the defendants, described above in paragraphs 23-25.

PRAYER FOR RELIEF

WHEREFORE, the United States of America prays that the Court enter an order that:

1. Declares that the practices of the Defendants, as alleged herein, violate the provisions of the Fair Housing Act;

2. Enjoins all Defendants, their officers, employees, agents, successors, and all other persons in active concert or participation with any of them, from:

1. Failing or refusing to bring the dwelling units and public and common use areas at the subject complexes into compliance with the requirements of 42 U.S.C. § 3604(f)(3)(C);

2. Failing or refusing to take such affirmative steps as may be necessary to restore, as nearly as practicable, the victims of the Defendants' unlawful practices to the position they would have been in but for the discriminatory conduct in violation of the Fair Housing Act; and

3. Failing or refusing to design and construct any covered multi-family dwellings in the future in compliance with the requirements of 42 U.S.C. § 3604(f)(3)(C);

3. Enjoins defendants Thomas Development Co., Links Properties, LLC, Turnberry L.P., and Thomas C. Mannschreck, their officers, employees, agents, successors, and all other persons in active concert or participation with any of them, from coercing, intimidating or interfering with any person in the exercise of, or on account of their having aided or encouraged another person in the exercise of, rights protected by the Fair Housing Act;

4. Awards such damages as would fully compensate each person aggrieved by defendants' discriminatory practices in violation of the Fair Housing Act for their injuries and damages resulting from Defendants' discriminatory conduct, pursuant to 42 U.S.C. § 3614(d)(1)(B);

5. Awards punitive damages to each person aggrieved by the Defendants' discriminatory housing practices in violation of the Fair Housing Act, because of the intentional and willful nature of the Defendants' conduct, pursuant to 42 U.S.C. § 3614(d)(1)(B);

6. Assesses civil penalties against each Defendant for that Defendant's violations of the Fair Housing Act, pursuant to 42 U.S.C. § 3614(d)(1)(C), to vindicate the public interest;

7. Declares that the practices of Defendants Thomas Development Co., Links Properties, LLC, Turnberry L.P., Centurion Properties, LLC, Aspen Hills L.P., Carnoustie L.P., and Westridge Associates, L.P., as alleged herein, violate Title III of the ADA;

8. Enjoins Defendants Thomas Development Co., Links Properties, LLC, Turnberry L.P., Centurion Properties, LLC, Aspen Hills L.P., Carnoustie L.P., and Westridge Associates, L.P., their officers, employees, agents, successors, and all other persons in active concert or participation with any of them, from:

1. Failing or refusing to bring the rental office at the subject complexes, and the parking, sidewalks, and restrooms at the rental office, into compliance with the requirements of 42 U.S.C. § 12183(a)(1);

2. Failing or refusing to take such affirmative steps as may be necessary to restore, as nearly as practicable, the victims of the unlawful practices of Defendants Thomas Development Co., Links Properties, LLC, Turnberry L.P., Centurion Properties, LLC, Aspen Hills L.P., Carnoustie L.P., and Westridge Associates, L.P., in violation of the ADA, to the position they would have been in but for the discriminatory conduct; and

3. Failing or refusing to design and construct any public accommodations in the future in compliance with the requirements of 42 U.S.C. § 12183(a)(1);

9. Awards such damages as would fully compensate each person aggrieved by the discriminatory practices in violation of the ADA of Defendants Thomas Development Co., Links Properties, LLC, Turnberry L.P., Aspen Hills L.P., Carnoustie L.P., and Westridge Associates, L.P., for their injuries and damages resulting from Defendants' discriminatory conduct, pursuant to 42 U.S.C. § 12188(b)(2)(B); and

10. Assesses civil penalties against Defendants Thomas Development Co., Links Properties, LLC, Turnberry L.P., and Centurion Properties, LLC, Aspen Hills L.P., Carnoustie L.P., and Westridge Associates, L.P. for each of their violations of the ADA, pursuant to 42 U.S.C. § 12188(b)(2)(C), to vindicate the public interest.

The United States further prays for such additional relief as the interests of justice may require.