GROUP V LLC v. ATHENS-CLARKE COUNTY UNIFIED GOVERNMENT

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION

GROUP V, LLC, *

Plaintiff, *

vs. * CASE NO. 3:21-CV-140 (CDL)

UNIFIED GOVERNMENT OF ATHENS- * CLARKE COUNTY, * Defendant.

O R D E R Defendant has filed a motion to dismiss based upon lack of subject matter jurisdiction (ECF No. 12). For purposes of deciding this motion, the Court finds that this case is indistinguishable from Homewood Vill., LLC v. Unified Gov’t of Athens-Clarke Cnty., No. 3:15-CV-23 (CDL), 2016 WL 1306554, at *3 (M.D. Ga. Apr. 1, 2016), in which this Court abstained from deciding the merits of the action on comity grounds and was affirmed on appeal. Homewood Vill. LLC v. Unified Gov’t of Athens-Clarke Cnty., 677 F. App’x 623, 625 (11th Cir. 2017). The Court’s mind has not changed. Accordingly, the Court abstains based on comity principles, and this action is dismissed.

IT IS SO ORDERED, this 19th day of August, 2022. S/Clay D. Land CLAY D. LAND U.S. DISTRICT COURT JUDGE MIDDLE DISTRICT OF GEORGIA