In two actions by, respectively, a city housing commission and a school district seeking to enjoin plaintiff's construction of a halfway house, plaintiff's appeal with respect to the school district's action is dismissed where the district court's determination regarding its own jurisdiction was non-reviewable. Dismissal of the housing commission action on abstention grounds is reversed where a federal court need not abstain from deciding a case involving the interpretation of a local land use ordinance.
Argued: April 23, 2009
Decided and Filed: August 17, 2009
Opinion by Judge McKeague
R. Drummond Black, Currie Kendall, PLC, Midland, MI