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MONTCLAIR PARKOWNERS ASS'N v. CITY OF MONTCLAIR

No. 99-55083.

211 F.3d 1144 (2000)

MONTCLAIR PARKOWNERS ASSOCIATION; Hacienda Mobile Home Estates, Plaintiffs-Appellants, v. CITY OF MONTCLAIR, a Municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 8, 2000.

Attorney(s) appearing for the Case

John A. Ramirez (argued) and R.S. Radford, Pacific Legal Foundation, Sacramento, California, and Robert S. Coldren and C. William Dahlin, Hart, King & Coldren, Santa Ana, California, for the plaintiffs-appellants.

Henry E. Heater (argued), Donald R. Lincoln, and Linda B. Reich, Endeman, Lincoln, Turek & Heater, San Diego, California, and Diane E. Robbins and Richard Holdaway, Robbins & Holdaway, Chino, California, for the defendant-appellee.

Before: O'SCANNLAIN, FERNANDEZ, and T.G. NELSON, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether the Younger abstention doctrine requires the dismissal of a federal lawsuit brought to vindicate rights under the Takings Clause of the federal Constitution because the plaintiff's analogous claims under state law were proceeding before a state court at the same time that the plaintiff's federal claim was to be considered by the federal court.

I

In July 1998, the City of Montclair, California...

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