McElroy

McElroy v. City of Corvallis

Good Law
67 F. App'x 420
United States Court of Appeals for the Ninth CircuitJune 6, 2003No. 01-36136; D.C. No. CV-00-06318-HOCalifornia1,520 words

Opinion

Lead Opinion

MEMORANDUM ***

Ian A. McElroy appeals pro se the district court’s dismissal of his 42 U.S.C. § 1983 action alleging that the City of Corvallis and its officials (“City”) violated his constitutional rights and acted tortiously during the approval process for a commercial construction development project. The district court abstained pursuant to the doctrine announced in Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971). We have jurisdiction pursuant *422 to 28 U.S.C. § 1291 . We vacate and remand.

We first address whether McElroy has standing to bring this lawsuit. Standing is a question of law we review de novo. Bernhardt v. County of Los Angeles, 279 F.3d 862, 867 (9th Cir.2002). “To satisfy Article Ill’s standing requirements, a plaintiff must show (l)[he] has suffered an ‘injury in fact’ that is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) the injury is fairly traceable to the challenged action of the defendant; and (3) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.” Public Citizen v. Dep’t of Transp., 316 F.3d 1002 , 1015 (9th Cir.2003)…

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