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MLC AUTOMOTIVE, LLC v. TOWN OF SOUTHERN PINES

No. 07-2039.

532 F.3d 269 (2008)

MLC AUTOMOTIVE, LLC; Leith of Fayetteville, Incorporated, Plaintiffs-Appellees, v. The TOWN OF SOUTHERN PINES; Southern Pines Town Council; Frank Quis; David Woodruff; Fred Walden; Christopher Smithson; Mike Haney, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: July 3, 2008.

Attorney(s) appearing for the Case

ARGUED: Susan K. Burkhart, Cranfill, Sumner & Hartzog, LLP, Raleigh, North Carolina, for Appellants. Robin Tatum Currin, Poyner & Spruill, Raleigh, North Carolina, for Appellees. ON BRIEF: Edwin M. Speas, Jr., Chad W. Essick, POYNER & SPRUILL, Raleigh, North Carolina, for Appellees.

Affirmed by published opinion. Chief Judge WILLIAMS wrote the opinion, in which Judge NIEMEYER and District Judge WILLIAMS joined.

OPINION

WILLIAMS, Chief Judge:

The Town of Southern Pines, North Carolina, and its Council (collectively "the Town") appeal the denial of their Federal Rule of Civil Procedure 60(b) motion. That motion argued, in part, that the district court made a mistake in abstaining under Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1424 (1943), before the Town filed a timely response to the objections by MLC Automotive...

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