Santa Fe Land Improvement Company v. City Of Chula Vista

596 F.2d 838 SANTA FE LAND IMPROVEMENT COMPANY, a corporation, Plaintiff-Appellant, v. CITY OF CHULA VISTA, a Municipal Corporation, Lauren I. Egdahl, Thomas D. Hamilton, James E. Hobel, Will T. Hyde and Frank A. Scott, Chula Vista City Councilmen, Defendants-Appellees. No. 76-2764. United States Court of Appeals, Ninth Circuit. March 28, 1979. Walter J. Cummings, III, of Luce, Forward, Hamilton & Scripps, San Diego, Cal., for plaintiff-appellant. Craig K. Beam, Chula Vista, Cal., for defendants-appellees. Appeal from the United States District Court for the Southern District of California. Before GOODWIN and WALLACE, Circuit Judges, and CURTIS, * District Judge. WALLACE, Circuit Judge: 1 Santa Fe Land Improvement Company (Santa Fe) appeals from a district court judgment abstaining from the exercise of jurisdiction and dismissing Santa Fe's action against the City of Chula Vista (the city) and the members of the Chula Vista City Council. 71 F.R.D. 573 . We affirm the decision to abstain, but reverse the dismissal of the action and remand so that the district court may retain jurisdiction pending state court resolution of state law questions. 2 * In 1971, the city, pending a…