Jones

Jones v. City of McMinnville

Good Law
244 F. App'x 755
United States Court of Appeals for the Ninth CircuitMay 9, 2007No. 05-35523California2,610 words

Opinion

Lead Opinion

MEMORANDUM *

Don Jones and VJ-2 Development, Inc. (“Appellants”) appeal the district court’s *757 denial of their motion to remand and grant of summary judgment to the City of McMinnville (“City”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the background of this case, we do not recite it here.

1. Motion to Remand

Appellants argue that their federal claims were unripe, and, therefore, that the district court should have dismissed these claims without prejudice, declined to exercise supplemental jurisdiction over the remaining state claims, and remanded the case to Oregon state court.

We review de novo a district court’s denial of a motion to remand. Harris v. Bankers Life & Cas. Co., 425 F.3d 689, 692 (9th Cir.2005). We also “subject ripeness issues to de novo review.” Traweek v. City and County of San Francisco, 920 F.2d 589, 593 (9th Cir.1990). We conclude that the district court properly denied Appellants’ motion to remand. Because five of Appellants’ claims arose under federal law, the City properly removed the case to federal court. Further, because at least three of these federal claims were ripe, the district…

Concurring Opinion

Rawlinson, J.

concurring:

I concur in the result.

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