Legal Opinion

Florida East Coast Railway Co. v. Metropolitan Dade County

District Court, S.D. Florida

Decided May 14, 1982No. 82-965-CIV-EPSPublished

1Opinion of the Court

MEMORANDUM OPINION AND ORDER DISMISSING CAUSE ON GROUNDS OF ABSTENTION

SPELLMAN, District Judge.

THIS CAUSE came before the Court upon Plaintiff’s Motion for Temporary Restraining Order and Motion for Preliminary Injunction. Having reviewed the record in this cause and being otherwise duly advised, the Court finds that abstention from exercising jurisdiction in this cause is proper.

Presented to the Court, in the words of the Plaintiff, is an ordinance “of Metropolitan Dade County [which] conflicts with the laws of the State of Florida.” Complaint at 6. Specifically, Dade County has enacted…

2Cases cited7 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  3. Burford v. Sun Oil Co.Supreme Court of the United States · 1943
  4. County of Allegheny v. Frank Mashuda Co.Supreme Court of the United States · 1959
  5. Nasser v. City of HomewoodCourt of Appeals for the Eleventh Circuit · 1982

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