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Nos. 08-2068/2079 SAGINAW HOUSING COMMISSION; DOES 1-300, Plaintiffs-Appellees, v. BANNUM, INCORPORATED, Defendant-Appellant. Nos. 08-2069/2082 SAGINAW SCHOOL DISTRICT, Plaintiff-Appellee, v. BANNUM, INCORPORATED, Defendant-Appellant, CITY OF SAGINAW, Defendant. |
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Appeal from the United States District Court
for the Eastern District of Michigan at Bay City.
Nos. 08-12148; 08-12154—Thomas L. Ludington, District Judge.
Argued: April 23, 2009
Decided and Filed: August 17, 2009
Before: MOORE and McKEAGUE, Circuit Judges; FORESTER, Senior District Judge.
McKEAGUE, Circuit Judge. Bannum, Inc. obtained a permit from the City of Saginaw to build a halfway house in Saginaw. After Bannum received its permit, the Saginaw Housing Commission and the School District of the City of Saginaw both filed complaints in Saginaw circuit court seeking injunctions against Bannum’s construction of the halfway house. Bannum removed both actions to the United States District Court for the Eastern District of Michigan. The district court then remanded the School District action back to state court because, as the City of Saginaw was also a defendant, complete diversity was not satisfied. The district court also dismissed the Housing Commission’s action based on Burford abstention. For the reasons set forth below, we dismiss Bannum’s appeal with regard to the School District action (Nos. 08-2069, 08- 2082) and reverse and remand the action involving the Housing Commission (Nos. 08- 2068, 08-2079).