Neufeld v. City of Baltimore

SPROUSE, Circuit Judge:

The question presented is whether the district court correctly abstained under the Burford doctrine1 in dismissing Leon Neufeld’s suit involving constitutional and preemption issues relating to a Baltimore City zoning ordinance regulating size and placement of television antennas. We believe the district court improperly abstained under Burford and, accordingly, reverse and remand.

I

Leon Neufeld, a Baltimore City homeowner, received three local television channels and several distant channels from a roof-mounted antenna prior to March 31, 1984. On that date, Neufeld…