Jesse Elizondo v. City of Junction City

MEMORANDUM

Jesse and Randee Elizondo (the “Elizon-dos”) appeal the district court’s denial of their motion to preliminarily enjoin the City of Junction City (the “City”) from cutting down a tree located in front of their residential property. We have jurisdiction under 28 U.S.C. § 1292 , and we affirm.

We review the denial of a preliminary injunction for abuse of discretion and the underlying legal principles de novo. DISH Network Corp. v. F.C.C., 653 F.3d 771 , 776 (9th Cir. 2011). The district court abuses its discretion when it bases “its ruling on an erroneous view of the law or on a clearly erroneous assessment of the evidence.” Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 405 , 110 S.Ct. 2447 , 110 L.Ed.2d 359 (1990).

The district court here appropriately applied the preliminary injunction factors under Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20 , 129 S.Ct. 365 , 172 L.Ed.2d 249 (2008), and did not abuse its discretion in concluding that the Elizon-dos failed to show a fair chance of success on the merits of their procedural due process claim. See Pimentel v. Dreyfus, 670 F.3d 1096, 1105 (9th Cir. 2012). The City afforded the Elizondos…