Green

The plaintiffs appeal the dismissal of their 42 U.S.C. § 1983 action against the City of Tucson. The district court found that abstention under the Younger doctrine was required. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

FACTS

In 1961, the Arizona legislature enacted Arizona Revised Statute § 9-101.01 which provides that a territory within six miles of an incorporated city or town having a pop *1083 ulation of five thousand or more cannot be incorporated without the consent of the city or town. In 1997, the Arizona legislature passed a two-year suspension of Section 9-101.01 in Pima County only. The City of Tucson, which is in Pima County, promptly filed an action in state court against the State of Arizona asserting that the 1997 suspension statute was unconstitutional under Arizona law. The Arizona Court of Appeals declared that the 1997 suspension statute was unconstitutional as a special and local law that violated Article 4, Part 2, Section 19 of the Arizona Constitution. That case was remanded to the superior court for further proceedings. City of Tucson v. Woods, 191 Ariz. 523 , 959 P.2d 394, 403 (1997).

On remand, the superior court considered the…