United States Second Circuit
Niagara Mohawk Power Corp. v. Hudson River-Black River Regulating Dist., 10-4402
In a suit by a gas and electric power company against a water district for declaratory judgments regarding the district's assessment scheme, the judgment of the district court is: 1) affirmed as to federal preemption, where the Federal Power Act did not preempt the district's authority under New York law to assess vacant, non-FERC-licensed, non-hydropowerproducing properties within its jurisdiction; and 2) reversed as to its decision to abstain from hearing the plaintiff's constitutional claims in deference to parallel New York litigation, where neither Colorado River nor Wilton abstention was appropriate.
Appellate Information
- Decided 03/07/2012
- Published 03/07/2012
Judges
- Gerard E. Lynch
Court
- United States Second Circuit
Counsel
- For Appellant:
- Mark D. Lansing, David M. Cherubin