Bruce Baskin v. Bath Township Board of Zoning Appeals
Court of Appeals for the Sixth Circuit
1Opinion of the Court
RYAN, Circuit Judge.
Plaintiff Bruce Baskin appeals the district court’s sua sponte decision to dismiss this case on Colorado River abstention grounds. Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976). The sole issue is whether that dismissal was proper. We conclude that it was not and remand the case to the district court.
I
Baskin planned to construct five amateur radio towers and antennae on his residential real estate in Bath Township, Ohio. Because the towers would exceed the applicable local height restrictions, he was required to…
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