Keller

MEMORANDUM **

Plaintiffs-Appellants (“Appellants”) are residents of Los Osos who brought suit to enjoin defendant Los Osos Community Services District (“LOCSD”) from installing a sewer system within a specified Prohibition Zone, in which appellants reside. The district court granted LOCSD’s motion to dismiss under Fed.R.Civ.P. 12(b)(6), but the district court did not otherwise specify the reasons for dismissal. Because the parties are familiar with the facts and procedural history, we do not *583 restate them here except as necessary to explain our disposition.

Appellee LOCSD argues that the appeal from the district court’s dismissal was filed late and that we lack jurisdiction to hear this appeal. A separate judgment under Fed.R.Civ.P. 58 was never entered, and the thirty-day clock under Fed. R.App. P. 4(a) to file an appeal never began to run. The appeal is timely, appellant has not objected to lack of the separate judgment, and we may hear the appeal despite the absence of a separate, final judgment. See Bankers Trust Co. v. Mallis, 435 U.S. 381, 385-88 , 98 S.Ct. 1117 , 55 L.Ed.2d 357 (1978).

Appellants claim violations of procedural due process because of asserted…