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NEUFELD v. CITY OF BALTIMORE

No. 91-2721.

964 F.2d 347 (1992)

Leon NEUFELD, Plaintiff-Appellant, v. The CITY OF BALTIMORE; the Mayor and City Council of Baltimore, in their official capacities and their successors in title; the Board of Municipal and Zoning Appeals of Baltimore City; Robert E. Smith, as Director of the Office of Communication and Cable of the City of Baltimore, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 19, 1992.

Attorney(s) appearing for the Case

William Edward Seekford, Towson, Md., argued, for plaintiff-appellant.

Sandra Rosenbaum Gutman, Acting Principal Counsel, Baltimore, Md., argued (Michael G. Raimondi, Asst. City Sol., on the brief), for defendants-appellees.

Before SPROUSE, Circuit Judge, MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation, and SIMONS, Senior United States District Judge for the District of South Carolina, sitting by designation.

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.

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