United States Sixth Circuit

In two actions by, respectively, a city housing commission and a school district seeking to enjoin plaintiff's construction of a halfway house, plaintiff's appeal with respect to the school district's action is dismissed where the district court's determination regarding its own jurisdiction was non-reviewable. Dismissal of the housing commission action on abstention grounds is reversed where a federal court need not abstain from deciding a case involving the interpretation of a local land use ordinance.

Appellate Information

• Decided 08/17/2009
• Published 08/17/2009

Judges

• Before:  MOORE and McKEAGUE, Circuit Judges;  FORESTER, Senior District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Russell C. Babcock, The Mastromarco Firm, Saginaw, Michigan, for Appellant.  Robert A. Jarema, Smith Bovill, P.C., Saginaw, Michigan, R. Drummond Black, Currie Kendall, PLC, Midland, Michigan, for Appellees.   ON BRIEF:  Russell C. Babcock, Victor J. Mastromarco, Jr., The Mastromarco Firm, Saginaw, Michigan, for Appellant.  Robert A. Jarema, Smith Bovill, P.C., Saginaw, Michigan, R. Drummond Black, Peter A. Poznak, Currie Kendall, PLC, Midland, Michigan, for Appellees.