Cingular Wireless, LLC v. Thurston County

MEMORANDUM *

In this action, Cingular Wireless (“Cingular”) challenges Thurston County’s (“the County”) denial of a permit to construct a wireless communication facility (“WCF”) in Olympia, Washington. Cingular’s complaint alleged claims under the Telecommunications Act (“TCA”), 47 U.S.C. § 332 (c), the Civil Rights Act, 42 U.S.C. § 1983 , and Washington’s Land Use Petition Act (“LUPA”), Wash. Rev.Code chapter 36.70C. The district court dismissed Cingular’s state law claims and stayed the federal claims pending resolution of the state law claims in state court.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 8-9 , 103 S.Ct. 927 , 74 L.Ed.2d 765 (1983). We vacate the district court’s order staying Cingular’s federal causes of action and dismissing Cingular’s state law claims and remand.

I.

We review for an abuse of discretion the district court’s decision to abstain from exercising its jurisdiction. C-Y Development Co. v. City of Redlands, 703 F.2d 375, 377 (9th Cir.1983). “[I]n cases involving abstention, discretion must be exercised within the narrow and specific limits prescribed by the particular…