East-Bibb Twiggs Neighborhood Association, Robert Moffett and Roscoe Ross v. MacOn Bibb Planning & Zoning Commission, Mullis Tree Service

HATCHETT, Circuit Judge:

This appeal presents the question whether a Georgia “Yost” (Yost v. Torok, 256 Ga. 92, 344 S.E.2d 414 (1986)) claim must be entertained by a federal court as a compulsory counterclaim where the underlying action is brought pursuant to 42 U.S.C. § 1983. Finding that such a claim is, at best, a permissive counterclaim, we affirm the district court’s dismissal of the Yost claim.

I. BACKGROUND

In July, 1986, the Macon-Bibb County Planning and Zoning Commission (“the Commission”) approved Mullis Tree Service’s (“Mullis”) application to build a landfill in Macon, Georgia. In…