Broadbent v. Allison

MEMORANDUM AND ORDER OF REMAND

THORNBURG, District Judge.

THIS MATTER is before the Court on Plaintiffs’ Motion to Remand. Defendants removed this action from Transylvania County, North Carolina, Superior Court, alleging that Plaintiffs’ claims are preempted by Federal law and that this Court therefore has federal question jurisdiction. Because the Court concludes that Plaintiffs’ claims are not completely preempted, Plaintiffs’ motion to remand will be granted.

I. FACTUAL BACKGROUND

The facts of this case are largely uncontested. In 1998, Defendants announced their intention to build an airport…