Gearing
Gearing v. City of Half Moon Bay
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 THOMAS GEARING, et al., Case No. 21-cv-01802-EMC
Plaintiffs,
ORDER GRANTING DEFENDANT’S
v. MOTION TO ABSTAIN, AND
STAYING CASE
CITY OF HALF MOON BAY, Docket No. 17 Defendant.
12 13 Plaintiffs filed a § 1983 suit against the City of Half Moon Bay and Does 1-10, inclusive, alleging, inter alia, a regulatory taking of Plaintiff’s undeveloped land in violation of the Fifth and Fourteenth Amendments. Complaint (Docket No. 1). Plaintiffs allege that the City unconstitutionally designated their land as a public park and stymied development through land use regulations. About one week after Plaintiffs filed suit in federal court, the City filed an eminent domain action involving the same parties and property in state court, City of Half Moon Bay v. Gearing, San Mateo County Superior Court, Case No. 21-CIV-01560 (filed March 23, 2021). Before the Court is the City’s Motion to Abstain from adjudicating the federal action under the…