HOME BUILDERS ASS'N v. CITY OF MADISON, MISS.

No. 97-60285.

143 F.3d 1006 (1998)

HOME BUILDERS ASSOCIATION OF MISSISSIPPI, INC.; Mark S. Jordan; Good Earth Development, Inc.; Mark S. Jordan, Inc.; Highland Ridge Partners, LP; SMCDC, Inc.; Post Oak Place; Locust Lane Partners, L.P.; William J. Shanks; WJS & Associates, Inc.; South Madison County Development Company; Thomas M. Harkins, Sr; Thomas M. Harkins, Jr.; North Place Development, Inc.; North Ridge Development, Inc.; First Mark Homes, Inc.; Thomas M. Harkins, Builder, Inc.; THV, Inc.; J.F.P. & Co., Inc.; J. Parker Sartain; Brian H. Sartain; Habitat, Inc.; J.P.S. Building Supplies, Inc.; Sartain Associates, Inc.; Douglas Place Partnerships, Plaintiffs-Appellants, v. CITY OF MADISON, MISSISSIPPI; Mary Hawkins, Individually and in her official capacity as Mayor of Madison, Mississippi; Timothy L. Johnson, Individually and in his official capacity as Alderman and elected public official of the City of Madison, Mississippi; Lisa Clingan-Smith, Individually and in her official capacity as Alderman and elected public official of the city of Madison, Mississippi; Tommy E. Butler, Individually and in his official capacity as Alderman and elected public official of the City of Madison, Mississippi; Charles L. Dunn, Individually and in his official capacity as Alderman and elected public official of the City of Madison, Mississippi; Griffen C. Weaver, Individually and in his official capacity as Alderman and elected public official in his official capacity as Alderman and elected public official in his official capacity as Alderman and elected public official in his official capacity as Alderman and elected public official of the City of Madison, Mississippi, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 1, 1998.


Attorney(s) appearing for the Case

Steven H. Smith, Taylor, Covington & Smith, Joel W. Howell, III, Jackson, MS, for Plaintiffs-Appellants.

Terry R. Levy, Paul Vegas Ott, Daniel, Coker, Horton & Bell, Jackson, MS, for City of Madison, MS, Hawkins, Johnson and Clingan-Smith.

Charles G. Copeland, William Matthew Vines, Copeland, Cook, Taylor & Bush, Jackson, MS, for Butler, Dunn and Weaver.

Before WISDOM, JOLLY and HIGGINBOTHAM, Circuit Judges.


WISDOM, Senior Circuit Judge:

I. Introduction

The sole question before us is whether the Tax Injunction Act of 1937 bars a federal district court from exercising jurisdiction over a plaintiff's complaint that a municipal impact fee ordinance violates the Fifth and Fourteenth Amendments to the United States Constitution. The district court held that it does, and therefore dismissed the complaint for want of subject matter jurisdiction. We affirm.

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