John D. MacDonald and Patricia MacDonald v. The Village of Northport, Michigan

164 F.3d 964, 1999 U.S. App. LEXIS 268, 1999 WL 6427
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 11, 1999
Docket97-1373
StatusPublished
Cited by60 cases

This text of 164 F.3d 964 (John D. MacDonald and Patricia MacDonald v. The Village of Northport, Michigan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John D. MacDonald and Patricia MacDonald v. The Village of Northport, Michigan, 164 F.3d 964, 1999 U.S. App. LEXIS 268, 1999 WL 6427 (6th Cir. 1999).

Opinions

OAKES, J., delivered the opinion of the court, in which CLAY, J., joined. RYAN, J. (p. 973), delivered a separate concurring opinion.

OPINION

OAKES, Circuit Judge.

PRELIMINARY STATEMENT

The MacDonalds appeal from a judgment of the United States District Court for the Western District of Michigan (Bell, Judge), dismissing their action to amend a plat to remove a public access road that runs along their land.

This appeal presents the question whether the district court properly dismissed an action by homeowners against several defendants, including a Michigan village and the Michigan State Treasurer, relating to the ownership and land use of a portion of a platted street. Because Michigan law provides a regulatory scheme to address disputes relating to land use, the district court properly abstained from deciding the case. In addition, the Eleventh Amendment barred the suit. We therefore affirm.

BACKGROUND

John and Patricia MacDonald reside in Ohio and own a summer home in Northport, Michigan. Part of the platted street adjacent to the MacDonalds’ Northport property provides public access to the Grant Traverse Bay of Lake Michigan; the parties refer to this access as the “7th Street right-of-way” or the “road-end access.” The MacDonalds claim that the public use of the 7th Street right-of-way interferes with their enjoyment of their property.

The MacDonalds sued the Village of Northport and other defendants, including the State Treasurer, on several grounds relating to the ownership and use of the 7th Street right-of-way. In Count I of their complaint, the MacDonalds asked the court to vacate the 7th Street right-of-way adjacent to them property, and to amend the plat. Because this remedy implicated the public interest relating to land division, public roads, and public access to navigable and public trust waters, the MacDonalds were required by statute to join various state officials as defendants.1

[967]*967The other two counts sought relief from the Village of Northport and did not directly implicate the state defendants. Count II alleged that the Village had “taken” the Mac-Donalds’ property without just compensation, and that the MacDonalds were damaged, by the loss of their quiet enjoyment of their property and by the diminution of its value, in an amount over $50,000. Count III sought an order that the 7th Street right-of-way not be used as a public beach and that the village cease “tolerat[ing] such uses.”

In an oral opinion, the United States District Court for the Western District of Michigan (Bell, Judge) held that the presence of a comprehensive state regulatory scheme involving state land use law required abstention under Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1424 (1943), and its progeny. The court also found that the Eleventh Amendment required dismissal because the State was a necessary party and was immune from suit. The court concluded that the Burford doctrine and the Eleventh Amendment, “both as separate and distinct grounds, but clearly grounds together,” gave the court “insufficient jurisdiction.” Accordingly, the court dismissed the case.

DISCUSSION

A. Burford Abstention

Under the Burford doctrine, federal courts abstain from deciding eases when there is a need to defer to complex state administrative procedures. In Burford v. Sun Oil Co., 319 U.S. 315, 317-318, 63 S.Ct. 1098, 87 L.Ed. 1424 (1943), the Sun Oil Company challenged the Texas Railroad Commission’s grant of an oil drilling permit. The Supreme Court held that abstention was necessary in order to defer to the complicated regulatory system established under Texas law in furtherance of that state’s interest in conserving its oil and gas resources. See id. at 325-32, 63 S.Ct. 1098. The Court emphasized that Texas law consolidated judicial review of commission orders in one state district court, which enabled that court to acquire a specialized knowledge of the oil and gas regulations and industry, and ensured uniformity in the regulation of the oil industry. See id. at 327, 63 S.Ct. 1098. The Court also noted that the Texas courts “can give fully as great relief ... as the federal courts” and that “[djelay, misunderstanding of local law, and needless federal conflict with state policy, are the inevitable product of this double system of review.” Id.

In New Orleans Public Service, Inc. v. Council of the City of New Orleans, (“NOPSI ”) 491 U.S. 350, 109 S.Ct. 2506, 105 L.Ed.2d 298 (1989), the Supreme Court described Burford abstention as appropriate in two instances:

Where timely and adequate state-court review is available, a federal court sitting in equity must decline to interfere with the proceedings or orders of state administrative agencies: (1) when there are “difficult questions of state law bearing on policy problems of substantial public import whose importance transcends the result in the case then at bar”; or (2) where the “exercise of federal review of the question in a case and in similar cases would be disruptive of state efforts to establish a coherent policy with respect to a matter of substantial public concern.”

Id. at 361, 109 S.Ct. 2506 (quoting Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 814, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976)).

It is against this backdrop that we must determine whether the district court erred by abstaining under the Burford doctrine. The MacDonalds argue that abstention was improper because Michigan has not created a specialized forum for deciding this kind of case. The State of Michigan and the Village of Northport counter that abstention was necessary because issues of land use and zoning are purely local disputes and there are no federal questions. We review the district court’s abstention de novo. See Traughber v. Beauchane, 760 F.2d 673, 676 (6th Cir.1985) (“Because theories of state and federal law, and expressions of federalism and comity, are so interrelated in the deci[968]*968sion to abstain such dispositions are elevated to a level of importance dictating de novo appellate review.”). We begin with the fundamental proposition that abstention is a limited exception to the “virtually unflagging” obligation of federal courts to exercise the jurisdiction given them. Colorado River Water Conservation Dist., 424 U.S. at 813 & 817, 96 S.Ct. 1236.

As noted above, NOPSI authorizes federal district courts to consider abstaining when “timely and adequate state-court review is available.” NOPSI, 491 U.S. at 361, 109 S.Ct. 2506. This condition is satisfied here, as Michigan law specifically directs parties who seek to amend or revise a plat to file a complaint in the circuit court. See note 1. We therefore consider whether abstention was justified under either of the two rationales articulated in NOPSI.

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Bluebook (online)
164 F.3d 964, 1999 U.S. App. LEXIS 268, 1999 WL 6427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-d-macdonald-and-patricia-macdonald-v-the-village-of-northport-ca6-1999.