Neufeld v. City of Baltimore

964 F.2d 347, 1992 WL 104531
CourtCourt of Appeals for the Fourth Circuit
DecidedMay 19, 1992
DocketNo. 91-2721
StatusPublished
Cited by20 cases

This text of 964 F.2d 347 (Neufeld v. City of Baltimore) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Neufeld v. City of Baltimore, 964 F.2d 347, 1992 WL 104531 (4th Cir. 1992).

Opinion

SPROUSE, Circuit Judge:

The question presented is whether the district court correctly abstained under the Burford doctrine1 in dismissing Leon Neufeld’s suit involving constitutional and preemption issues relating to a Baltimore City zoning ordinance regulating size and placement of television antennas. We believe the district court improperly abstained under Burford and, accordingly, reverse and remand.

I

Leon Neufeld, a Baltimore City homeowner, received three local television channels and several distant channels from a roof-mounted antenna prior to March 31, 1984. On that date, Neufeld installed a satellite dish in his front yard from which he received over 150 channels; the dish was ten feet wide.

The following month, Baltimore City notified Neufeld that he had installed his satellite dish in violation of the then existing Baltimore City zoning laws.2 Neufeld appealed the violation notice to the Board of Municipal and Zoning Appeals (the Board) which has authority to grant variances from the zoning laws. Neufeld also asked the Board for a conditional use permit for the dish. The Board denied Neufeld’s request, finding that the satellite dish was harmful to the general welfare of the community in violation of the controlling ordinance. Neufeld appealed the Board’s decision to the circuit court for Baltimore City, which affirmed. Between Neufeld’s appeal and the circuit court’s affirmance, Baltimore City amended its zoning laws.3

Neufeld refused to dismantle the dish, and, on October 8, 1985, the City filed criminal charges against Neufeld for violating the zoning ordinance. He was convicted and fined $100. Neufeld appealed his conviction to the circuit court for Baltimore City alleging that the ordinance was preempted by Federal Communications Commission Regulation, 47 C.F.R. § 25.-104,4 and that enforcement of the ordinance violated his First and Fourteenth Amendment rights. The circuit court affirmed his conviction. Several days later, Neufeld was convicted of ten additional violations of the ordinance and fined $100 for each violation. Neufeld subsequently removed the dish from his property.

[349]*349In May 1987, Neufeld filed a complaint in the United States District Court for the District of Maryland against Baltimore City and others5 requesting declaratory and injunctive relief and damages. He again alleged that the Baltimore City zoning ordinance was preempted by the FCC regulation and that enforcement of the ordinance violated his constitutional rights. A magistrate recommended that the court abstain sua sponte from exercising jurisdiction under Burford. On October 3, 1991, the district court adopted the magistrate’s recommendation and dismissed the action. Neufeld appeals.

The only issue on appeal is whether the district court properly abstained under Burford.

II

In Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1424 (1943), the Supreme Court held that the district court properly refused to exercise jurisdiction over a challenge to a Texas Railroad Commission’s order granting the petitioner Bur-ford a permit to drill four oil wells on a small plot of land. The uniqueness of the facts underlying Burford weighed heavily in the Court’s holding. The Court explained that the geological nature of oil and gas fields, which can flow through many lots, required regulation of the fields as one unit. The Texas legislature, in response, had provided a comprehensive administrative and judicial review of the Commission’s orders, consolidating all cases in one state district court and providing for state appellate review. Given these circumstances, the Supreme Court believed that the presence of federal courts acting as a parallel forum interpreting state law created a risk of inconsistent decisions that threatened the viability of the Texas scheme. The importance of oil and gas revenues to Texas’s economy exacerbated the harm that might result from inconsistent decisions. The Court concluded that, under these circumstances, it was proper to abstain.

Given the unique facts of Burford and that the Court articulated no hard-and-fast rule, the Court in subsequent cases has attempted to define with greater particularity the parameters of the Burford doctrine. In Colorado River Water Conservation District v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976), the Court emphasized that abstention is the exception, not the rule, and can only be justified in exceptional cases. Id. at 813, 96 S.Ct. at 1244. The Court then described two situations in which Burford abstention would be appropriate. One occurs when there are difficult questions of state law bearing on important policy considerations. Id. at 814, 96 S.Ct. at 1244. As an example of such a case the Court cited Louisiana Power and Light Co. v. City of Thibodaux, 360 U.S. 25, 79 S.Ct. 1070, 3 L.Ed.2d 1058 (1959), which involved the unsettled question of the scope of a municipality’s eminent domain power under state law. The second situation arises when the exercise of federal review would disrupt state efforts to establish a coherent policy on a matter of substantial public concern. Id. 424 U.S. at 814-15, 96 S.Ct. at 1244-45. The Court cited Burford as an example.

In New Orleans Public Service, Inc. v. New Orleans, 491 U.S. 350, 109 S.Ct. 2506, 105 L.Ed.2d 298 (1989) (NOPSI), the Court reiterated more succinctly the facts required for Burford abstention. There, the Court, quoting Colorado River, tells us that Burford abstention is appropriate:

(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.

[350]*350Id. at 361, 109 S.Ct. at 2514 (citations and quotation marks omitted). In NOPSI, however, the Court made clear that the mere presence of complex state administrative processes does not necessarily require abstention, even where there exists a potential for conflict between federal and state law. Id. at 362, 109 S.Ct. at 2514.

In NOPSI, a public utility company, New Orleans Public Service, Inc. (NOPSI), sued the New Orleans City Council for refusing to approve a rate increase to cover the additional costs of constructing and operating a nuclear reactor. NOPSI argued before the district court that the City’s decision not to approve the full rate increase was preempted by the Federal Energy Regulatory Commission’s (FERC) decision allocating a specific percentage of the costs to NOPSI.

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964 F.2d 347, 1992 WL 104531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neufeld-v-city-of-baltimore-ca4-1992.