At page 482 Avoiding federal constitutional questions through state adjudication7 citing cases“the courts of Virginia have extensive familiarity and experience with such matters, and ... they should have the initial opportunity to pass on them”
- Valentine v. Town of Chapel Hill, No. 1:22-cv-00102 (M.D.N.C. Mar. 29, 2024). Even when plaintiffs, as here, have argued that a local zoning law is unconstitutionally vague, arbitrary, or discriminatory, federal courts in this Circuit have abstained under Burford to “avoid the necessity of a decision on the federal…
- CMDS Residential, LLC v. Mayor & City Council Of Baltimore, 714 F. Supp. 3d 583 (D. Md. 2024).publishedTo do so would require the court to determine in the first instance “the correct construction of local land use laws as to [conditional] use permits, and the delineation of the proper scope and exercise of local administrative discretion.”…
- Town of Nags Head v. Toloczko, 863 F. Supp. 2d 516 (E.D.N.C. 2012).published Cnty., Md., 774 F.2d 77 , 79 (4th Cir.1985); Caleb Stowe Assocs., Ltd. v. Albemarle Cnty., Va., 724 F.2d 1079, 1080 (4th Cir.1984); Nature Conservancy v. Machipongo Club, Inc., 579 F.2d 873, 875-76 (4th Cir.1978) (per curiam); Fralin & Wal…
- Parents, Alumni, & Friends of Taylor Sch. v. City of Norfolk, 37 F. Supp. 2d 435 (E.D. Va. 1999).published“the courts of Virginia have extensive familiarity and experience with such matters, and ... they should have the initial opportunity to pass on them”
- N. Virginia Law Sch., Inc. v. City of Alexandria, 680 F. Supp. 222 (E.D. Va. 1988).publishedKollsman v. City of Los Angeles, 737 F.2d 830, 833 (9th Cir.1984), cert. denied, 469 U.S. 1211 , 105 S.Ct. 1179 , 84 L.Ed.2d 327 (1985); see also Caleb Stowe Assoc., Ltd. v. County of Albemarle, 724 F.2d 1079, 1080 (4th Cir.1984); Fralin &…
- Miller v. Carr, 535 F. Supp. 682 (W.D. Wash. 1982).publishedA state adjudication may well avoid the necessity of a decision on the federal constitutional question presented as well as avoid needless friction in federal-state relations over the administration of purely state affairs.” 493 F.2d at 48…
- Chertkof v. Mayor & City Council of Baltimore, 497 F. Supp. 1252 (D. Md. 1980).publishedSee Fralin & Waldron, Inc., v. City of Martinsville, 493 F.2d 481, 482-83 (4th Cir. 1974); Kent Island Joint Venture v. Smith, 452 F.Supp. at 461-64 .
At page 483 Analyzing abstention doctrines and state court jurisdiction6 citing cases“avoid needless friction in federal-state relations over the administration of purely state affairs.”
- West Virginia Parents for Religious Freedom v. Matthew Christiansen, 124 F.4th 304 (4th Cir. 2024).published“insist[ed] that relief in the courts of Virginia [was] precluded”
- Valentine v. Town of Chapel Hill, No. 1:22-cv-00102 (M.D.N.C. Mar. 29, 2024). “avoid the necessity of a decision on the federal constitutional question presented as well as avoid needless friction in federal-state relations over the administration of purely state affairs”
- McLaughlin ex rel. McLaughlin v. Town of Front Royal, 810 F. Supp. 725 (W.D. Va. 1992).publishedAs recognized by the Fourth Circuit, one factor counseling abstention is that “a state adjudication might avoid ... the necessity of a decision on the federal constitutional questions presented.” 945 F.2d at 763 (citing Fralin & Waldron, I…
- Front Royal & Warren Cnty. Indus. Park Corp., a Virginia Corp. Fred W. McLaughlin Gladys L. McLaughlin v. Town of Front Royal, Virginia, a Mun. Corp. John Marlow, Individually & as Mayor of the Town of Front Royal Michael Kitts, Individually & as a Member of the Town Council of the Town of Front Royal, Virginia Edwin L. Pomeroy, Individually & as a Former Member of the Town Council of the Town of Front Royal, Virginia Albert G. Ruff, Jr., Individually & as a Former Member of the Town Council of the Town of Front Royal, Virginia George E. Banks, Individually & as a Former Member of the Town Council of the Town of Front Royal, Virginia Brackenridge H. Bentley, Individually & as Town Manager of the Town of Front Royal, Virginia, Virginia Ass'n of Counties Local Gov't Attorneys of Virginia, Inc., Amici Curiae. Front Royal & Warren Cnty. Indus. Park Corp., a Virginia Corp. Fred W. McLaughlin Gladys L. McLaughlin v. Town of Front Royal, Virginia, a Mun. Corp. John Marlow, Individually & as Mayor of the Town of Front Royal Michael Kitts, Individually & as a Member of the Town Council of the Town of Front Royal, Virginia Edwin L. Pomeroy, Individually & as a Former Member of the Town Council of the Town of Front Royal, Virginia Albert G. Ruff, Jr., Individually & as a Former Member of the Town Council of the Town of Front Royal, Virginia George E. Banks, Individually & as a Former Member of the Town Council of the Town of Front Royal, Virginia Brackenridge H. Bentley, Individually & as Town Manager of the Town of Front Royal, Virginia, Virginia Ass'n of Counties Local Gov't Attorneys of Virginia, Inc., Amici Curiae, 945 F.2d 760 (4th Cir. 1991).publishedSee Fralin, 493 F.2d at 482 . 27 In addition, there are other state remedies which might be available to plaintiffs.
- Front Royal & Warren Cnty. Indus. Park Corp. v. Town of Front Royal, 945 F.2d 760 (4th Cir. 1991).publishedSee Fralin, 493 F.2d at 482 .
- Meredith v. Talbot Cnty., 828 F.2d 228 (4th Cir. 1987).published
Other citing cases
- Starsail Adventures, LLC v. Iredell Cnty., No. 5:24-cv-00003 (W.D.N.C. Feb. 26, 2024).
- Collins v. Bordenkircher, 403 F. Supp. 820 (N.D. W. Va. 1975).published
- Williams v. City of Columbia, 707 F. Supp. 207 (D.S.C. 1989).published
- Izzo v. Borough of River Edge, 843 F.2d 765 (3d Cir. 1988).published
- Holy Spirit Ass'n for the Unification of World Christianity v. Town of New Castle, 480 F. Supp. 1212 (S.D.N.Y. 1979).published
- Educ. Servs., Inc. v. Maryland State Bd. for Higher Educ., 710 F.2d 170 (4th Cir. 1983).published
v.
CITY OF MARTINSVILLE, VIRGINIA Et Al., Appellees
In this interlocutory appeal Fralin and Waldron, Inc. complains of the decision of the District Court to abstain from deciding appellant’s action for declaratory judgment, injunctive relief and damages against the City of Martins-ville, Virginia, and its agencies and officials for their refusal either to grant appellant a special use permit or to approve its subdivision plan permitting appellant to build a 120 unit apartment complex, a project qualifying for mortgage insurance under Section 236 of the Housing and Urban Development Act of 1968. 12 U.S.C. § 1707 et seq. The detailed facts of this case, as well as the controlling law, are ably discussed in the opinion of the learned trial judge, and we agree with it entirely.
Appellant contends, inter alia, that Section VIII, Appendix B of the Martinsville City Code is unconstitutional on grounds of vagueness and that this section has been arbitrarily and discriminatorily applied against it. All of its claims raise legitimate questions involving municipal zoning ordinances, the correct construction of local land use law as to special use permits, and the delineation of the proper scope and exercise of local administrative discretion. Understandably, the courts of Virginia have extensive familiarity and experience with such matters, and we believe that they should have the initial opportunity to pass upon them. A state adjudication[*483] may well avoid the necessity of a decision on the federal constitutional question presented as well as avoid needless friction in federal-state relations over the administration of purely state affairs. We conclude that the requisite special circumstances warranting abstention are present here and that the case is controlled by Louisiana Power and Light Company v. City of Thibodaux, 360 U.S. 25, 79 S.Ct. 1070, 3 L.Ed.2d 1058 (1959). Also see Zwickler v. Koota, 389 U.S. 241, 248, 249, 88 S.Ct. 391, 19 L.Ed.2d 444 (1967); Railroad Commission v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1971); Chicago v. Fieldcrest Dairies, 316 U.S. 168, 62 S.Ct. 986, 86 L.Ed. 1355 (1942); Lake Carriers’ Assn. v. MacMullan, 406 U.S. 498, 92 S.Ct. 1749, 32 L.Ed.2d 257 (1972); Blasecki v. City of Durham. North Carolina, 456 F.2d 87, 93 (4th Cir. 1972); AFA Distributing Co., Inc. v. Pearl Brewing Co., 470 F.2d 1210, 1212, 1213 (4th Cir. 1973).
Appellant insists that relief in the courts of Virginia is precluded by § 15.1-497 of the Code of Virginia; we think not. We believe that in light of pertinent sections in Chapters 21, 25 and 28 of Title 8 of the Virginia Code, full redress is available in Virginia’s courts. Moreover, it is clear that should the state courts hold against appellant on the questions of local law, it may neverthless return to the federal court for an adjudication of its federal contentions if it preserves its right to do so. England v. Louisiana State Board of Medical Examiners, 375 U.S. 411, 419-422, 84 S.Ct. 461, 11 L.Ed.2d 440 (1964).
Assuming, arguendo, that Virginia’s courts do not accept jurisdiction of appellant’s cause, the District Court has properly retained its jurisdiction. American Trial Lawyers v. N. J. Supreme Court, 409 U.S. 467, 93 S.Ct. 627, 34 L.Ed.2d 651 (1973). If the state courts decline to hear the case, it will be soon enough to return to the federal court for disposition on the merits.
Affirmed.