Knaust v. City of Kingston

157 F.3d 86, 1998 WL 678120
CourtCourt of Appeals for the Second Circuit
DecidedSeptember 4, 1998
DocketDocket 97-6287
StatusPublished
Cited by45 cases

This text of 157 F.3d 86 (Knaust v. City of Kingston) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knaust v. City of Kingston, 157 F.3d 86, 1998 WL 678120 (2d Cir. 1998).

Opinion

SHADUR, Senior District Judge.

Mark Knaust, Barbara Knaust and Herman Karl Knaust, II (collectively “Knausts”) have taken an interlocutory appeal from the October 10, 1997 order of the United States District Court for the Northern District of New York (Frederick J. Scullin, Jr., District Judge) that (1) denied Knausts’ motion for a preliminary injunction, (2) denied Knausts’ Fed.R.Civ.P. (“Rule”) 56 motion for summary judgment on certain of their claims against the United States Department of Commerce (“Department”) and (3) granted Department’s cross-motion for summary judgment, dismissing all of Knausts’ claims against Department. For the reasons set forth below, we dismiss the appeal as moot and vacate the district court’s order.

Background Facts

On September 20, 1995 the Economic Development Administration, a Department agency, approved a $1,860,000 grant under the Public Works and Economic Development Act of 1965 as amended (42 U.S.C. §§ 3121-3137) to the City of Kingston, its Planning Board and its Local Development Corporation (collectively “Kingston Defendants”) to provide partial funding for the construction of the Kingston Business Park (“Park”) on a 107 acre parcel of property adjacent to and topographically above Knausts’ property. Knausts opposed the project, arguing that it posed an imminent threat to the environment. More specifically, they maintained that Park’s storm water system would contaminate a subterranean water source on their property and would thus interfere with their professed plans to revive an abandoned commercial mushroom farm operated on the property 30 years earlier.

On April 15,1996 Knausts filed their Complaint that (1) charged Department with violations of the National Environmental Policy Act (“NEPA,” 42 U.S.C. §§ 4321-4370e) and the Coastal Zone Management Act (16 U.S.C. §§ 1451-1465), (2) asserted claims against Kingston Defendants for their alleged violations of 42 U.S.C. § 1983 and of New York environmental law and (3) advanced common law nuisance claims against all defendants. Knausts also sought temporary and preliminary injunctive relief to enjoin the federal funding and the Park’s construction. One month later the district court denied Knausts’ request for a temporary restraining order, leaving the request for preliminary injunctive relief still pending.

Next Knausts moved for summary judgment and a permanent injunction on their NEPA claim against Department, which in turn responded with its own Rule 56 motion seeking to dismiss all of the claims pending against it. During the 15 months that elapsed between those filings and their disposition, the construction of Park’s infrastructure was completed and all federal funds allocated to the project were disbursed and expended.

On October 10, 1997 the district court entered the order described at the outset of this opinion, and this appeal ensued. Shortly before we heard oral argument Department and Kingston Defendants moved to dismiss the appeal on mootness grounds. Those motions were fully briefed and were consolidated with Knausts’ interlocutory appeal.

Mootness

As a threshold jurisdictional matter, we must decide whether intervening events have rendered Knausts’ request for injunctive relief moot, for “Article III of the Constitution limits this Court to consideration of appeals involving a live case or controversy” (Agee v. Paramount Communications Inc., 114 F.3d 395, 398 (2d Cir.1997)). As Lewis v. Continental Bank Corp., 494 U.S. 472, 477-78, 110 S.Ct. 1249, 108 L.Ed.2d 400 (1990) (internal [88]*88citations and quotation marks omitted) makes clear:

This case-or-controversy requirement subsists through all stages of federal judicial proceedings, trial and appellate. To sustain our jurisdiction in the present case, it is not enough that a dispute was very much alive when suit was filed.... The parties must continue to have a personal stake in the outcome of the lawsuit.

It cannot be gainsaid that the preliminary injunction aspect of the case- — the springboard for and sole subject of this appeal — no longer presents a live controversy and is therefore moot. As we said in Bank of New York Co. v. Northeast Bancorp, Inc., 9 F.3d 1065, 1067 (2d Cir.1993):

In general, an appeal from the denial of a preliminary injunction is mooted by the occurrence of the action sought to be enjoined.1

Accord, Neighborhood Transp. Network, Inc. v. Pena, 42 F.3d 1169, 1172 (8th Cir.1994). That certainly is the case here: Park’s construction was finished in July 1997, the final disbursement of the federal funds was made in September of that year, and there are no pending applications for additional federal financing. Because this appeal thus seeks to enjoin the future occurrence of events that are already in the past, we lack appellate jurisdiction.

Our conclusion is strongly buttressed by CMM Cable Rep., Inc. v. Ocean Coast Properties, Inc., 48 F.3d 618, 621 (1st Cir.1995), which confronted a similar factual scenario and also dismissed the appeal, stating in language that might well have been written for this ease:

No mandate that we might issue can turn back the pages of the calendar and either stop the commission of the allegedly infringing act or fully palliate its effects. Though federal courts possess great authority, they lack the power, once a bell has been rung, to unring it. In short, no justiciable controversy exists because this appeal can no longer serve the intended harm-preventing function, or, put another way, this court, within the isthmian confines of an interlocutory appeal from an order refusing to restrain a now completed act, has no effective relief to offer.

There are to be sure situations in which otherwise moot cases may nevertheless remain justiciable if they are “capable of repetition, yet evading review” (Southern Pac. Terminal Co. v. ICC, 219 U.S. 498, 515, 31 S.Ct. 279, 55 L.Ed. 310 (1911)). But that long-recognized exception to mootness principles is severely circumscribed. As Spencer v. Kemna, — U.S.-,-, 118 S.Ct. 978, 988, 140 L.Ed.2d 43 (1998) (internal citations, quotation marks and brackets omitted) has reconfirmed earlier this year:

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Bluebook (online)
157 F.3d 86, 1998 WL 678120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knaust-v-city-of-kingston-ca2-1998.