Meredith

The posture of this case raises significant jurisdictional concerns. At issue is whether we may exercise our pendent appellate jurisdiction to review, on interlocutory appeal, the district court’s denial of a motion to dismiss on the basis of Younger abstention in conjunction with reviewing the court’s grant of a preliminary injunction. The State of Oregon (“State”) urges us to exercise pendent appellate jurisdiction and to review the denial of its motion to dismiss. In contrast, Meredith contends that we lack jurisdiction to review the denial. We hold that, because resolution of the Younger abstention issue is “necessary to ensure meaningful review of’ the grant of the preliminary injunction, we have pendent appellate jurisdiction to review this otherwise non-appealable order denying Younger abstention. We, however, affirm the district court’s decision not to abstain under Younger and its grant of the preliminary injunction.

BACKGROUND

Appellee Howard Meredith (“Meredith”) owned a vacant parcel of property adjacent to scenic Highway 101 in Lincoln City, Oregon. He erected a sign on his property, visible to travelers on Highway 101, that advertised “The Resort at Whale…