Bridge Aina Le'a v. Kyle Chock

MEMORANDUM

In 2011, the State of Hawai’i Land Use Commission (“LUC”) reclassified a parcel of land owned by plaintiff Bridge Aina Le’a, LLC (“Bridge”) from urban to agricultural use. Bridge filed two actions in Hawai’i state court challenging the reclassification: a state administrative appeal, and a state civil action against the LUC and the commissioners in their official and individual capacities alleging a variety of federal and state claims. Defendants removed the civil action to federal court. The district court abstained pursuant to Railroad Commission of Texas v. Pullman Co., 312 U.S. 496 , 61 S.Ct. 643 , 85 L.Ed. 971 (1941). We have jurisdiction under 28 U.S.C. § 1291 .

We review de novo whether a case meets the requirements for Pullman abstention. Spoklie v. Montana, 411 F.3d 1051 , 1055 (9th Cir.2005). If the requirements are met, we review for abuse of discretion the district court’s decision to abstain and stay the proceeding. Courthouse News Serv. v. Planet, 750 F.3d 776, 782 (9th Cir.2014). While this case originally met Pullman’s requirements, abstention is no longer necessary. After the district court’s decision, and after oral argument to this court, the…