Balazik v. County of Dauphin

OPINION OF THE COURT

GARTH, Circuit Judge:

An appeal and a petition for mandamus seek review of an order of the district court judge remanding this proceeding to state court pursuant to Fair Assessment in Real Estate Ass’n, Inc. v. McNary, 454 U.S. 100, 102 S.Ct. 177, 70 L.Ed.2d 271 (1981). The central issues presented are whether this Court’s review is barred by the operation of 28 U.S.C. § 1447(d), and, if not, whether the remand was proper. Because review of a district court’s remand order is generally available, if at all, only through a mandamus proceeding, we will dismiss the appeal at…