Beeler v. Rounsavall, 328 F.3d 813 (5th Cir. 2003). · Go Syfert
Beeler v. Rounsavall, 328 F.3d 813 (5th Cir. 2003). Cases Citing This Book View Copy Cite
116 citation events (116 in the last 25 years) across 13 distinct courts.
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 38 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Leslie Shipman v. Donald Sowell (2×) also: Cited "see, e.g."
5th Cir. · 2019 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
it must be shown that selective enforcement was deliberately based on an unjustifiable standard such as race, religion or other arbitrary classification.
discussed Cited as authority (quoted) Brown v. Smith (2×) also: Cited as authority (rule)
E.D. Va. · 2025 · quote attribution · 1 verbatim quote · confidence low
the code's differential treatment of businesses applying for their first permit and businesses applying to renew their permits indicates that the two were not similarly situated.
discussed Cited as authority (rule) Grotts v. State Farm Lloyds
S.D. Tex. · 2025 · confidence medium
The “purpose of summary judgment is to pierce the pleadings and assess the proof to determine if a genuine need for trial exists.” Beeler v. Rounsavall, 328 F.3d 813, 816 (5th Cir. 2003) (citing Matsushita Elec.
discussed Cited as authority (rule) Ferdinand v. St. James Parish
E.D. La. · 2025 · confidence medium
Agency, 535 U.S. 302, 323 (2002). improper motive for the purposes of a selective-enforcement claim and has suggested that it “by itself is insufficient as an improper motive in the absence of some other class– or group-based discrimination.” See Beeler v. Rounsavall, 328 F.3d 813, 818 (5th Cir. 2003) (internal quotation and citation omitted); see also Lindquist v. City of Pasadena, 525 F.3d 383, 387 (5th Cir. 2008) (treating claims for selective enforcement and personal vindictiveness as distinct claims); Mikeska v. City of Galveston, 451 F.3d 376 , 381 n.4 (5th Cir. 2006) (same).
cited Cited as authority (rule) Hernandez Caruso v. Texas Medical Board
W.D. Tex. · 2024 · confidence medium
To state a claim for equal protection, “the plaintiff must prove that similarly situated individuals were treated differently.” Beeler v. Rounsavall, 328 F.3d 813, 816 (5th Cir. 2003).
cited Cited as authority (rule) Ex Parte Martin Marcos-Callejas v. the State of Texas
Tex. App. · 2024 · confidence medium
Nov. 8, 2023); Long v. Tanner, 170 S.W.3d 752 , 754–55 (Tex. App.—Waco 2005, pet. denied) (quoting Beeler v. Rounsavall, 328 F.3d 813, 817 (5th Cir.), cert. denied, 540 U.S. 1048 (2003)).
discussed Cited as authority (rule) Stein v. Dallas County (2×) also: Cited "see"
N.D. Tex. · 2023 · confidence medium
Although the Fifth Circuit has never explicitly held that personal vindictiveness is one such “improper consideration,” id., it has noted that several factors “suggest that personal vindictiveness by itself is insufficient as an improper motive in the absence of some other class- or group-based discrimination.” Beeler v. Rounsavall, 328 F.3d 813, 818 (5th Cir. 2003) (internal quotation marks omitted).
discussed Cited as authority (rule) James v. Larcom
W.D. Tex. · 2022 · confidence medium
See Rountree v. Dyson, 892 F.3d 681 , 685 n. 11 (5th Cir. 2018) (holding that owner of towing business who alleged selective enforcement of suspension of city- issued towing permit did not identify a similarly situated comparator where he failed to point to “other tow-truck operators who had license lapses and had complaints filed against them”); Lindquist, 669 F.3d at 234-35 ; Beeler v. Rounsavall, 328 F.3d 813, 816-817 (5th Cir. 2003) (rejecting as an equal comparator someone who applied to renew permits where the plaintiff had applied for a new permit).
cited Cited as authority (rule) Eaker v. City of Moss Point, Mississippi
S.D. Miss. · 2021 · confidence medium
Beeler v. Rounsavall, 328 F.3d 813, 817-18 (5th Cir. 2003).
discussed Cited as authority (rule) Ronald Hines v. Jessica Quillivan
5th Cir. · 2020 · confidence medium
Hines’ new claim rests on treating medical doctors differently than veterinarians as to their right to engage in telemedicine. 1 To state a claim for equal protection, “the plaintiff must prove that similarly situated individuals were treated differently.” Beeler v. Rounsavall, 328 F.3d 813, 816 (5th Cir. 2003) (quoting Bryan v. City of Madison, 213 F.3d 267, 276 (5th Cir. 2000)).
discussed Cited as authority (rule) Ronald Hines v. Jessica Quillivan
5th Cir. · 2020 · confidence medium
Hines’ new claim rests on treating medical doctors differently than veterinarians as to their right to engage in telemedicine. 1 To state a claim for equal protection, “the plaintiff must prove that similarly situated individuals were treated differently.” Beeler v. Rounsavall, 328 F.3d 813, 816 (5th Cir. 2003) (quoting Bryan v. City of Madison, 213 F.3d 1 Texas’s law for medical doctors does not allow all forms of telemedicine.
discussed Cited as authority (rule) Diaz-Vazquez v. Alvarez-Rubio
1st Cir. · 2015 · confidence medium
The prohibition of the Equal Protection Clause goes no further than the invidious discrimination.” (citation omitted)); Beeler v. Rounsavall, 328 F.3d 813, 817 (5th Cir.2003) (finding that two applicants for a permit were not similarly situated because one was applying for a new permit and one was applying for an existing permit, and the relevant regulation entailed “differential treatment of businesses applying for their first permit and businesses applying to renew their permits”).
discussed Cited as authority (rule) Craig v. City of Yazoo City (2×) also: Cited "see"
S.D. Miss. · 2013 · confidence medium
In Beeler v. Rounsavall, the Fifth Circuit listed these concerns, but then added that "[i]t must be shown that the selective enforcement 'was deliberately based upon an unjusti fiable standard such as race, religion, or other arbitrary classification.’ ” 328 F.3d 813, 817 (5th Cir.2003) (citation and punctuation omitted).
discussed Cited as authority (rule) Matthews v. City of West Point (2×)
N.D. Miss. · 2012 · confidence medium
“This is not a command that all persons be treated alike but, rather, ‘a direction that all persons similarly situated should be treated alike.’ ” Artway v. Attorney Gen. of N.J., 81 F.3d 1235, 1267 (3d Cir.1996) (quoting City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 439 , 105 S.Ct. 3249 , 87 L.Ed.2d 313 (1985)); accord Plyler v. Doe, 457 U.S. 202, 216 , 102 S.Ct. 2382 , 72 L.Ed.2d 786 (1982); Priester v. Lowndes Cnty., 354 F.3d 414, 424 (5th Cir.2004); Beeler v. Rounsavall, 328 F.3d 813, 816 (5th Cir.), cert. denied, 540 U.S. 1048 , 124 S.Ct. 820 , 157 L.Ed.2d 697 (2003); Br…
discussed Cited as authority (rule) Liddell v. Northrop Grumman Shipbuilding, Inc.
S.D. Miss. · 2011 · confidence medium
The purpose of summary judgment is “to pierce the pleadings and assess the proof to determine if a genuine need for trial exists,” Beeler v. Rounsavall, 328 F.3d 813, 816 (5th Cir.2003) (citing Matsushita Elec.
cited Cited as authority (rule) Como v. CITY OF BEAUMONT, TEXAS
Tex. App. · 2011 · confidence medium
Beeler v. Rounsavall, 328 F.3d 813, 817 (5th Cir.2003).
discussed Cited as authority (rule) State v. Sergio Portillo
Tex. App. · 2010 · confidence medium
I, § 3 (Equal Rights); Beeler v. Rounsavall , 328 F.3d 813, 817 (5th Cir. 2003) and Allred's Produce v. U.S. Dep't of Agric. , 178 F.3d 743, 748 (5th Cir. 1999), quoting Oyler v. Boles , 368 U.S. 448, 456 , 82 S.Ct. 501, 506 , 7 L.Ed.2d 446 (1962).
discussed Cited as authority (rule) State v. Sergio Portillo
Tex. App. · 2010 · confidence medium
I, § 3 (Equal Rights); Beeler v. Rounsavall, 328 F.3d 813, 817 (5th Cir. 2003) and Allred’s Produce v. U.S. Dep’t of Agric., 178 F.3d 743, 748 (5th Cir. 1999), quoting Oyler v. Boles, 368 U.S. 448, 456 , 82 S.Ct. 501, 506 , 7 L.Ed.2d 446 (1962).
discussed Cited as authority (rule) State v. Portillo
Tex. App. · 2010 · confidence medium
I, § 3 (Equal Rights); Beeler v. Rounsavall, 328 F.3d 813, 817 (5th Cir.2003) and Allred’s Produce v. U.S. Dep’t of Agric., 178 F.3d 743, 748 (5th Cir.1999), quoting Oyler v. Boles, 368 U.S. 448, 456 , 82 S.Ct. 501, 506 , 7 L.Ed.2d 446 (1962).
examined Cited as authority (rule) Lindquist v. CITY OF PASADENA, TEX. (5×) also: Cited "see", Cited "see, e.g."
S.D. Tex. · 2009 · confidence medium
See, e.g., Taylor Acquisitions, L.L.C. v. City of Taylor, 313 Fed.Appx. 826, 836 (6th Cir.2009) (“[B]are allegations that 'other' applicants, even 'all other’ applicants, were treated differently” is insufficient; a plaintiff must show that "these 'other' applicants were similarly situated to the plaintiff.”); Jicarilla, 440 F.3d at 1213 (rejecting class-of-one claim brought by a plaintiff challenging a land reclassification that affected property taxes and observing that "courts have imposed exacting burdens on plaintiffs to demonstrate similarity in class-of-one cases”); Beeler, 32…
discussed Cited as authority (rule) Club Retro, L.L.C. v. Hilton
5th Cir. · 2009 · confidence medium
To maintain an equal protection claim, a plaintiff typically alleges that he “received treatment different from that received by similarly situated individuals and that the unequal treatment stemmed from a discriminatory intent.” Taylor v. Johnson, 257 F.3d 470, 473 (5th Cir.2001); see In re United States, 397 F.3d 274, 284 (5th Cir. *213 2005); Beeler v. Rounsavall, 328 F.3d 813, 816-17 (5th Cir.2003); Rolf v. City of San Antonio, 77 F.3d 823, 828 (5th Cir.1996).
discussed Cited as authority (rule) Price v. Jefferson County
E.D. Tex. · 2006 · confidence medium
“This is not a command that all persons be treated alike but, rather, ‘a direction that all persons similarly situated should be treated alike.’” Art-way v. Attorney Gen. of N.J., 81 F.3d 1235, 1267 (3d Cir.1996) (emphasis in original) (quoting City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 439 , 105 S.Ct. 3249 , 87 L.Ed.2d 313 (1985)); accord Plyler v. Doe, 457 U.S. 202, 216 , 102 S.Ct. 2382 , 72 L.Ed.2d 786 (1982); Priester, 354 F.3d at 424 ; Beeler v. Rounsavall, 328 F.3d 813, 816 (5th Cir.), cert, denied, 540 U.S. 1048 , 124 S.Ct. 820 , 157 L.Ed.2d 697 (2003); Bryan v. Cit…
discussed Cited as authority (rule) Price v. Jefferson County
E.D. Tex. · 2006 · confidence medium
"This is not a command that all persons be treated alike but, rather, 'a direction that all persons similarly situated should be treated alike.'" Artway v. Attorney Gen. of N.J., 81 F.3d 1235, 1267 (3d Cir.1996) (emphasis in original) (quoting City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 439 , 105 S.Ct. 3249 , 87 L.Ed.2d 313 (1985)); accord Plyler v. Doe, 457 U.S. 202, 216 , 102 S.Ct. 2382 , 72 L.Ed.2d 786 (1982); Priester, 354 F.3d at 424 ; Beeler v. Rounsavall, 328 F.3d 813, 816 (5th Cir.), cert. denied, 540 U.S. 1048 , 124 S.Ct. 820 , 157 L.Ed.2d 697 (2003); Bryan v. City of Madi…
discussed Cited as authority (rule) Unique Properties v. Terrebonne Prsh Govt
5th Cir. · 2005 · confidence medium
“As a prerequi site to [an equal protection] claim, the plaintiff must prove that similarly situated individuals were treated differently.” Beeler v. Rounsavall, 328 F.3d 813, 816 (5th Cir. 2003), citing Wheeler v. Miller, 168 F.3d 241, 252 (5th Cir. 1999).
discussed Cited as authority (rule) Unique Properties LLC v. Terrebonne Parish Consolidated Government
5th Cir. · 2005 · confidence medium
“As a prerequisite to [an equal protection] claim, the plaintiff must prove that similarly situated individuals were treated differently.” Beeler v. Rounsavall, 328 F.3d 813, 816 (5th Cir.2003), citing Wheeler v. Miller, 168 F.3d 241, 252 (5th Cir.1999).
discussed Cited as authority (rule) Long v. Tanner (2×) also: Cited "see"
Tex. App. · 2005 · confidence medium
“To successfully bring a selective prosecution or enforcement claim, a plaintiff must prove that the government official’s acts were motivated by improper considerations, such as race, religion, or *755 the desire to prevent the exercise of a constitutional right.” Beeler v. Rounsavall, 328 F.3d 813, 817 (5th Cir.), cert. denied, 540 U.S. 1048 , 124 S.Ct. 820 , 157 L.Ed.2d 697 (2003) (quoting Bryan v. City of Madison, 213 F.3d 267, 277 (5th Cir.2000)).
discussed Cited as authority (rule) Olivia Y. Ex Rel. Johnson v. Barbour
S.D. Miss. · 2004 · confidence medium
Moreover, even if their claims were properly analyzed under Olech , they still would be subject to dismissal inasmuch as the Fifth Circuit has held that to state a class of one claim sufficient for relief, “a single plaintiff must allege that an illegitimate animus or ill-will motivated her intentionally different treatment from others similarly situated and that no rational basis existed for such treatment.” Shipp v. McMahon, 234 F.3d 907, 916 (5th Cir.2000) (emphasis added), overruled on other grounds, McClendon v. City of Columbia, 305 F.3d 314, 322 (5th Cir.2002); cf. Bryan v. City of …
discussed Cited as authority (rule) Bell v. South Delta School District
S.D. Miss. · 2004 · confidence medium
Beeler v. Rounsavall, 328 F.3d 813, 817 (5th Cir.2003). “ ‘The conscious exercise of some selectivity in enforcement is not in itself a federal constitutional violation.’ ” Id. (quoting Allred’s Produce v. U.S. Dep’t of Agric., 178 F.3d 743, 748 (5th Cir.1999)). “ ‘[T]o successfully bring a selective prosecution or enforcement claim, a plaintiff must prove that the government official’s acts were motivated by improper considerations, such as race, religion, or the desire to prevent the exercise of a constitutional right.’” Id. (quoting Bryan v. City of Madison, 213 F.3d 2…
cited Cited as authority (rule) Luna v. Roche
5th Cir. · 2003 · confidence medium
E.g., Beeler v. Rounsavall, 328 F.3d 813, 816 (5th Cir.2003).
discussed Cited "see" Golden Glow v. City of Columbus, MS (2×)
5th Cir. · 2022 · signal: see · confidence high
See Beeler v. Rounsavall, 328 F.3d 813, 817 (5th Cir. 2003).
cited Cited "see" Kiolbassa Provision v. Travelers
5th Cir. · 2022 · signal: see · confidence high
P. 56(a); see Beeler v. Rounsavall, 328 F.3d 813, 816 (5th Cir. 2003).
cited Cited "see" Progressive Waste Solutions of LA, Inc. v. Lafayette City-Parish Consolidated Government
5th Cir. · 2015 · signal: see · confidence high
See Beeler v. Rounsavall, 328 F.3d 813, 816-17 (5th Cir.2003).
cited Cited "see" Creekmore v. Attorney General of Texas
E.D. Tex. · 2004 · signal: see · confidence high
See Beeler v. Rounsavall, 328 F.3d 813, 816 (5th Cir.2003); Bryan v. City of Madison, 213 F.3d 267, 276 (5th Cir.2000).
cited Cited "see" Brady National Bank v. Gulf Insurance
5th Cir. · 2004 · signal: see · confidence high
See Beeler v. Rounsavall, 328 F.3d 813, 816 (5th Cir.2003).
discussed Cited "see" Pardue v. City of Natchez
5th Cir. · 2003 · signal: see · confidence high
See Beeler v. Rounsavall, 328 F.3d 813, 817 (5th Cir.2003); Bryan v. City of Madison, 213 F.3d 267, 277 (5th Cir.2000) (both finding no denial of equal protection where the plaintiff failed to allege that the state action was motivated by impermissible considerations).
discussed Cited "see, e.g." Brookwood v. City of Ridgeland
5th Cir. · 2024 · signal: see, e.g. · confidence medium
Lindquist v. City of Pasadena Tex., 669 F.3d 225 , 233–34 (5th Cir. 2012) (cleaned up); see, e.g., Beeler v. Rounsavall, 328 F.3d 813, 817 (5th Cir. 2003) (holding that parties were not similarly situated comparators because the zoning ordinance distinguished two applications based on the circumstances).
discussed Cited "see, e.g." City of Houston v. Sherif Chemam and Diann Chemam
Tex. App. · 2010 · signal: see also · confidence medium
Combs v. STP Nuclear Operating Co ., 239 S.W.3d 264, 275 (Tex. App.—Austin 2007, pet. denied); see also Long v. Tanner , 170 S.W.3d 752 , 754–55 (Tex. App.—Waco 2005, pet. denied) (“To successfully bring a selective prosecution or enforcement claim, a plaintiff must prove that the government official’s acts were motivated by improper considerations, such as race, religion, or the desire to prevent the exercise of a constitutional right.”) (quoting Beeler v. Rounsavall , 328 F.3d 813, 817 (5th Cir.), cert. denied , 540 U.S. 1048 , 124 S. Ct. 820 (2003).
discussed Cited "see, e.g." Siesta Village Market, LLC v. Perry
N.D. Tex. · 2008 · signal: see, e.g. · confidence medium
See, e.g., Beeler v. Rounsavall, 328 F.3d 813, 816 (5th Cir.2003) (“[Under] standard equal protection analysis ... the plaintiff must [first] prove that similarly situated [entities] were treated differently.”) (internal quotation marks omitted).
Retrieving the full opinion text from the archive…
Jon BEELER, Plaintiff-Appellant,
v.
John ROUNSAVALL, Mary Gayle Ramsey, and the City of Terrell, Texas, Defendants-Appellees
18-10931.
Court of Appeals for the Fifth Circuit.
May 7, 2003.
328 F.3d 813
Michael Paul Wortham (argued), Nacol, Wortham & Associates, Richardson, TX, for Plaintiff-Appellant., Peter Gardner Smith (argued), Nichols, Jackson, Dillard, Hager & Smith, Dallas, TX, for Defendants-Appellees.
Benavides, Stewart, Clement.
Cited by 58 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 77%
Citer courts: E.D. Virginia (1)
CLEMENT, Circuit Judge:

The issue on appeal is whether the district court erred in granting summary judgment in favor of John Rounsavall (“Rounsavall”), City Secretary; Mary Gayle Ramsey (“Ramsey”), City Attorney; and the City of Terrell, Texas, (“the City”) on the appellant’s “class of one” equal protection claim. We affirm.

I. FACTS AND PROCEEDINGS

Under the Texas Alcoholic Beverage Code (“the Code”), an operator of a convenience store must apply for a beer and wine permit (“permit”) if beer and/or wine will be sold at the location. Tex. Aloo. Bev. Code §§ 11.01(a), 11.31, 11.32. The Texas Alcoholic Beverage Commission (“TABC”) has the discretionary authority to grant or refuse requested permits. Id §§ 11.01(a), 11.43,11.46.

Under the Code, incorporated cities and towns may regulate the sale of beer and wine. Id §§ 109.31-33. Pursuant to this authority, the City passed two ordinances in 1984 and 1998, respectively, that established distance requirements for businesses selling alcoholic beverages. The first ordinance (“Ordinance 1345”) prohibited the sale of beer and wine from any locations that were within 300 feet of a church, school, or other educational institution, and the second ordinance (“Ordinance 1939”) restricted the sale of beer and wine within 1000 feet of a public school or other educational institution.

The practical effect of Ordinance 1939 was somewhat minimized by the Code’s differential treatment of applications for new permits and applications to renew existing permits. Id §§ 11.31, 11.32. Under the Code, businesses applying for permits only needed to satisfy the distance requirements in existence at the time of their original application. Under the Code’s grandfather clause, all businesses that obtained their permits prior to the passage of Ordinance 1939 were deemed “to satisfy the distance requirements for all subsequent renewals of the ... permit,” even if this was not true as a factual matter. Id § 109.59. Of course, businesses applying for their first permit after the passage of Ordinance 1939 were required to satisfy the distance requirements contained therein. Id §§ 109.31-33, 109.59.

In 1990, Appellant Jon Beeler (“Beeler”) purchased an ongoing business — a convenience store — at 307 Ninth Street in Terrell, Texas (“Location A”). Beeler did not own the building in which his business operated or the land upon which it was situated; instead, he rented the budding from Grady Lawson (“Lawson”). When Beeler purchased the business, Location A already had a permit.

In December 1999, Beeler decided to relocate his business from Location A to 305 Ninth Street in Terrell, Texas (“Loca[*815] tion B”). Location A and Location B were adjacent buildings. Whereas the TABC had issued permits for Location A in the past, no such permit had ever been issued for Location B. [1]

Under the Code, the City, through its City Secretary, must certify “whether the location or address given in the application is in a wet area and whether the sale of alcoholic beverages for which the permit is sought is prohibited by charter or ordinance.” Id. § 11.37(b). On January 11, 2000, Beeler applied for a permit for Location B, and on or about the same day, the City certified that Beeler could sell beer and wine out of Location B. [2] On January 12, 2000, Beeler purchased the building located at Location B. Around the same time, Lawson found new tenants — Humberto and Ly Rodriguez (“the Rodri-guezes”) — to operate a convenience store at Location A.

Shortly after Beeler’s purchase of the building at Location B, Lawson visited Rounsavall and Ramsey to question the City’s certification of Beeler’s application. Lawson believed that Location B had been denied a permit in the past.

Subsequently, Rounsavall determined that the City’s certification was in error, so he took the necessary steps to file a protest of his certification. Rounsavall attributed his flip-flop to the mistaken belief that a new address number had been assigned to Location A. According to his affidavit, Rounsavall had not understood that Beeler was changing locations. As a result, Beeler’s application was put on hold, and the City attempted to ascertain whether to certify Beeler’s application.

The City’s determination was delayed by bureaucratic inertia, Ramsey’s personal vacations and illnesses, failure to measure the relevant distances, and disagreements over whether Ordinance 1939 applied to day care facilities, private schools, and/or athletic facilities. On March 14, 2000, Rounsavall notified Beeler that the City was protesting his application pending a determination of compliance with the relevant municipal ordinances, including Ordinance 1939.

The next day, Beeler sought a declaratory judgment and injunction from the district court enjoining the City from enforcing Ordinance 1939, withholding its certification, and causing his application to be placed on hold. Shortly thereafter, the TABC considered Beeler’s application and concluded that it could not approve it because the City withdrew its certification. As a result, Beeler’s original action was nonsuited, and Beeler sought a writ of mandamus from the district court requiring the City and Rounsavall to certify his application. Beeler’s second action was dismissed in late June 2000, but the next month, Rounsavall withdrew the City’s letter of protest after determining that Location B satisfied the relevant municipal ordinances.

In August 2000, the City certified Beeler’s application, and he received his permit. Subsequently, Beeler sold the store located at Location B.

[*816] The Rodriguezes also had difficulty obtaining a permit for their convenience store at Location A. On March 14, 2000, just before the Rodriguezes began operating their store, Lawson’s attorney wrote to Ramsey to protest the “delay and refusal” of the City to certify the Rodriguezes’ application. Evidently, the City was considering whether Location A satisfied the distance requirements established by Ordinance 1939. Lawson’s attorney asserted that the Code’s grandfather clause applied to Location A because the Rodriguezes were operating the same type of store at a location for which permits had been issued in the past. On April 14, 2000, the Rodri-guezes obtained a permit for their store at Location A.

On November 6, 2000, Beeler filed suit against Rounsavall, Ramsey, and the City (collectively, “the Defendants”) in the district court, arguing that their actions deprived Beeler of equal protection in violation of the Fourteenth Amendment. The district court characterized Beeler’s claim as a “class of one” equal protection claim that required two findings: (1) illegitimate animus or ill will on the part of the Defendants, and (2) similarly situated individuals were treated differently. The district court concluded that Beeler and the Rodri-guezes were not similarly situated and that the Defendants’ behavior, though reprehensible, did not rise to the level of illegitimate animus or ill will. For this reason, the district court granted summary judgment in favor of the Defendants.

II. STANDARD OF REVIEW

This Court reviews a motion for summary judgment de novo. St. Paul Guardian Ins. Co. v. Centrum GS Ltd., 283 F.3d 709, 712-13 (5th Cir.2002). The purpose of summary judgment is to pierce the pleadings and assess the proof to determine if a genuine need for trial exists. Matsushita Elec. Indus., Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Summary judgment is appropriate only if there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law. Fed. R. Civ. P. 56(c); see generally Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

III. DISCUSSION

The instant dispute is not a straightforward equal protection claim involving a “class of one.” Village of Willowbrook v. Olech, 528 U.S. 562, 564, 120 S.Ct. 1073, 145 L.Ed.2d 1060 (2000). The instant dispute is more akin to the plaintiffs’ claims in Bryan v. City of Madison, 213 F.3d 267, 276-77 (5th Cir.2000), in which public officials repeatedly frustrated the plaintiffs plan to construct an apartment complex on land he contracted to purchase, and Esmail v. Macrane, 53 F.3d 176, 178-80 (7th Cir.1995), in which public officials used their powers to delay and frustrate an applicant’s efforts to obtain a liquor license. Like the plaintiff in Bryan, Beeler alleged that (1) the Defendants applied the municipal ordinances, including the distance requirements established by Ordinance 1939, unreasonably in his case by frustrating his application for a permit based on a failure to comply with those ordinances; and (2) the extraordinary process he faced, including the delays from March to August 2000, violated his equal protection rights. Bryan, 213 F.3d at 276.

“The first [claim] falls within the standard equal protection analysis. As a prerequisite to such a claim, the plaintiff must prove that similarly situated individuals were treated differently.” Id. (citing Wheeler v. Miller, 168 F.3d 241, 252 (5th Cir.1999)). In order to satisfy this prerequisite, Beeler must demonstrate that: (1) Beeler and the Rodriguezes were similarly[*817] situated; and (2) Beeler and the Rodri-guezes were treated differently.

First, the Code clearly distinguishes between applications for new permits and applications to renew existing permits. Tex. Alco. Bev. Code §§ 11.31, 11.32, 109.59. Permits were issued for Location A on a continual basis for more than a decade, but never for Location B. For this reason, the Rodriguezes’ application was treated as one to renew an existing permit and Beeler’s application as one for a new permit. Under the Code’s grandfather clause, the distance requirements established by Ordinance 1939 only applied to Beeler’s application, not to the Rodriguezes’ application. Id. § 109.59.

Beeler argues that he was similarly situated to the Rodriguezes because the two stores were located in adjacent buildings and sold the same basic items. However, the relevant criterion here is not the two stores’ proximity or the similarity of their products. Instead, the relevant question is whether the two stores were similarly situated under the Code. The Code’s differential treatment of businesses applying for their first permit and businesses applying to renew their permits indicates that Beeler and the Rodriguezes were not similarly situated. Whereas Beeler was applying for a new permit, the Rodriguezes were applying to renew an existing permit. Beeler did not cite any other parties applying for new permits; therefore, Beeler failed to satisfy the first element.

Second, there is no evidence that Beeler was treated any differently from the Rodriguezes. On March 14, 2000, Lawson’s attorney wrote to Ramsey complaining about the City’s “delay and refusal” to certify the Rodriguezes’ application for a permit based on the failure of Location A to comply with the distance requirements contained in Ordinance 1939. Although the Rodriguezes received their permit before Beeler, the City appears to have treated the two parties in a similar manner by initially refusing to certify their applications and causing unnecessary delays. Therefore, Beeler failed to satisfy the second element.

The second claim is more properly characterized as an example of selective enforcement. Bryan, 213 F.3d at 277; Allred’s Produce v. U.S. Dep’t of Agric., 178 F.3d 743, 748 (5th Cir.1999). “The conscious exercise of some selectivity in enforcement is not in itself a federal constitutional violation.” Allred’s Produce, 178 F.3d at 748 (citing Oyler v. Boles, 368 U.S. 448, 456, 82 S.Ct. 501, 7 L.Ed.2d 446 (1962)). “[T]o successfully bring a selective prosecution or enforcement claim, a plaintiff must prove that the government official’s acts were motivated by improper considerations, such as race, religion, or the desire to prevent the exercise of a constitutional right.” Bryan, 213 F.3d at 277. “[I]t must be shown that the selective enforcement ‘was deliberately based upon an unjustifiable standard such as race, religion, or other arbitrary classification.’ ” Allred’s Produce, 178 F.3d at 748 (citing Oyler, 368 U.S. at '456, 82 S.Ct. 501).

Beeler’s selective enforcement claim fails to satisfy this requirement. He has never alleged any improper motive by the Rounsavall, Ramsey, or the City. Indeed, Beeler offers no motive at all for the Defendants’ actions. [3]

This Court stated that personal vindictiveness might be an improper motive in a selective enforcement case, but this Court[*818] has “never specifically addressed whether such a motive would be enough to support an equal protection claim without some other class-based discrimination.” Id. at 277, n. 18. The “text of the Equal Protection Clause, the history leading to its adoption, [and] a century of jurisprudence that has in the main interpreted the clause to prohibit only disparate treatment based upon group or class factors” suggests that personal vindictiveness by itself is insufficient as an improper motive in the absence of some other class- or group-based discrimination. Timothy Zick, Angry White Males: The Equal Protection Clause and “Classes of One”, 89 Ky. L.J. 69, 75 (2000/2001). However, we need not address this issue here because Beeler has not provided any evidence of personal vindictiveness.

IV. CONCLUSION

Viewing the evidence in the light most favorable to the non-moving party, we conclude that Beeler has not provided any evidence of similarly situated individuals, of different treatment, or of improper motives on the part of the Defendants or Lawson. Having pierced the pleadings and assessed the proof to determine if a genuine need for trial exists, we conclude that there is no genuine issue as to any material fact, and Rounsavall, Ramsey, and the City are entitled to a judgment as a matter of law. The judgment of the district court is AFFIRMED.

1

. Based on rumors he had heard, Lawson believed that it was not possible to sell alcoholic beverages at Location B. Beeler contended that his employee attempted to confirm the veracity of these rumors in early 1998 by contacting Rounsavall, who allegedly stated that the issuance of a permit would not violate any City ordinances. However, there is no evidence in the record of such a conversation.

2

. The City provided Beeler with an official document entitled “Permit,” which bore the signature of Rounsavall and noted the address of Location B (905 Ninth Street, Terrell, Texas 75160), the duration of the permit (one year), and the name of the establishment (Handy Mart # 1). R. 249/100.

3

. In his Deposition, Beeler conceded that neither Rounsavall nor Ramsey ever expressed any hostility toward him.