Woodfeathers, Inc. v. Washington County

180 F.3d 1017, 99 Cal. Daily Op. Serv. 3737, 99 Daily Journal DAR 4787, 29 Envtl. L. Rep. (Envtl. Law Inst.) 21233, 1999 U.S. App. LEXIS 9682, 1999 WL 314694
CourtCourt of Appeals for the Ninth Circuit
DecidedMay 20, 1999
DocketNos. 97-35557, 97-35598
StatusPublished
Cited by28 cases

This text of 180 F.3d 1017 (Woodfeathers, Inc. v. Washington County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Woodfeathers, Inc. v. Washington County, 180 F.3d 1017, 99 Cal. Daily Op. Serv. 3737, 99 Daily Journal DAR 4787, 29 Envtl. L. Rep. (Envtl. Law Inst.) 21233, 1999 U.S. App. LEXIS 9682, 1999 WL 314694 (9th Cir. 1999).

Opinion

SCHWARZER, Senior District Judge:

In August 1995, Washington County, Oregon, (the County) cited Woodfeathers, Inc., for violating its solid waste ordinance by transporting and disposing of solid waste without a County certificate. Proceedings began in state court leading eventually to a trial in which Woodfeathers was found in violation, followed by an appeal by Woodfeathers. While the state court proceedings were pending, Woodfeathers, in February 1996, filed this action in the district court, challenging the constitutionality of the ordinance and seeking relief against its enforcement. The district court refused to abstain and enjoined enforcement of the ordinance, holding it preempted by federal law and invalid under the Commerce Clause. Because we find that the district court erred in failing to abstain under Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), we reverse.

FACTS AND PROCEDURAL HISTORY

Woodfeathers, Inc., is an Oregon corporation that sells and delivers building materials to roofing contractors. It also offers its customers a drop box service for disposal of the debris created by the removal of the old roof. Woodfeathers delivers a box to the construction site and when filled transports the box to a disposal facility. It charges contractors a fee for use of the drop box and a disposal fee, determined by the tonnage of the debris. Some but not all of the roofing debris (consisting of materials such as'wood, asphalt, and tile) is recyclable.

In August 1995, 'Washington County, a political subdivision of Oregon, cited Wood-feathers for violating the County’s solid waste ordinance. That ordinance makes it unlawful for any person to collect, store, transport, or dispose of solid waste in the unincorporated areas of the County for compensation without first obtaining a certificate from the County. See Wash. County Code § 8.04.120.1 A state court trial took place in April or May 1996. The state court rejected Woodfeathers’ defense that the County ordinance was preempted by federal law. On May 7, 1996, the state trial court entered a judgment finding that Woodfeathers had violated the ordinance and fined Woodfeathers $100. Woodfeath-ers appealed to the Oregon Court of Appeals on June 6, 1996, and that appeal remained pending at the time of oral argument before this court.

Meanwhile, on February 21, 1996, Woodfeathers filed this action in the district court, seeking declaratory and injunc-tive relief against enforcement of the ordinance. It contended that the ordinance was preempted by federal law, placed an undue burden on interstate commerce, and, as applied to Woodfeathers, infringed the equal protection guarantees of the U.S. and Oregon constitutions. Following a hearing, the district court on April 5, 1996, preliminarily enjoined the County from enforcing its ordinance against Woodfeathers. On June 24, 1996, the district court denied the County’s motion to dismiss on Younger v. Harris abstention grounds, holding that the appellate posture of the state court proceedings did not provide Woodfeathers an adequate opportunity to [1020]*1020raise federal questions. Following a bench trial, the district court entered judgment determining that the County’s ordinance was invalid in part and enjoining its enforcement in certain respects. The County appeals the judgment. We have jurisdiction pursuant to 28 U.S.C. §§ 1291, 1331 (1994) and reverse.

DISCUSSION

The threshold issue is whether the district court erred in refusing to abstain. We review de novo the district court’s refusal to abstain under Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971). See Gartrell Constr. Inc. v. Aubry, 940 F.2d 437, 441 (9th Cir.1991). Based on the notion of comity, Younger and its progeny “espouse a strong federal policy against federal-court interference with pending state judicial proceedings absent extraordinary circumstances.” Middlesex County Ethics Committee v. Garden State Bar Ass’n, 457 U.S. 423, 431, 102 S.Ct. 2515, 73 L.Ed.2d 116 (1982). “Younger is an exception to the usual rule that federal courts should exercise the jurisdiction conferred on them by statute.” Gartrell, 940 F.2d at 441. Originally applicable to state criminal proceedings, the doctrine has been extended to state civil proceedings where important state interests are involved. See Middlesex County Ethics Committee, 457 U.S. at 432. Thus, under Younger a federal court should abstain if “(1) there are ongoing state judicial proceedings, (2) the proceedings implicate important state interests, and (3) there is an adequate opportunity in the state proceedings to raise federal questions.” Gartrell, 940 F.2d at 441 (citing Middlesex, 457 U.S. at 432).

The district court correctly found that state judicial proceedings were pending. Hawaii Hous. Auth. v. Midkiff, 467 U.S. 229, 238, 104 S.Ct. 2321, 81 L.Ed.2d 186 (1984), is distinguishable because, as the Court pointed out in rejecting the Younger abstention argument in that case, state judicial proceedings had not been initiated at the time proceedings of substance took place in federal court. See also Polykoff v. Collins, 816 F.2d 1326, 1332 (9th Cir.1987) (Younger abstention appropriate where state court complaint was filed two days before federal court hearing on a motion for preliminary injunction); Kitchens v. Bowen, 825 F.2d 1337, 1341 (9th Cir.1987) (“[T]he critical question is ... whether ‘the state proceedings were underway before the initiation of the federal proceedings.’ ”) (quoting Fresh Int’l Corp. v. Agricultural Labor Relations Bd., 805 F.2d 1353, 1358 (9th Cir.1986)).

The district court declined to abstain, however, holding that the second and third requirements had not been satisfied. It held, first, that the posture of the state proceedings did not provide an adequate opportunity to raise the federal question; and, second, that the state proceedings did not implicate important state interests because federal preemption rendered the ordinance ineffectual.

A. Adequate Opportunity to Raise Federal Question

The district court, without explanation, found that in the posture of the state court proceedings, then on appeal, they did not provide an adequate opportunity to raise federal questions. Younger abstention applies with equal force, however, without regard to whether the state proceedings are pending in the trial or appellate court. See Huffman v. Pursue, Ltd., 420 U.S. 592, 608, 95 S.Ct. 1200, 43 L.Ed.2d 482 (1975) (“Virtually all of the evils at which Younger is directed would inhere in federal intervention prior to completion of state appellate proceedings, just as surely as they would if such intervention occurred at or before trial.”).

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180 F.3d 1017, 99 Cal. Daily Op. Serv. 3737, 99 Daily Journal DAR 4787, 29 Envtl. L. Rep. (Envtl. Law Inst.) 21233, 1999 U.S. App. LEXIS 9682, 1999 WL 314694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodfeathers-inc-v-washington-county-ca9-1999.