The 4th Circuit affirmed the U.S. District Court for the Middle District of North Carolina in its decision to abstain and stay a case, under Burford v. Sun Oil Co. (1943), before the appellants filed a timely response to objections by the appellees to a magistrate judge?s recommendation that the district court enter summary judgment in favor of the appellants on the appellees? federal substantive due process claim. The appellants appealed the denial of their Federal Rule of Civil Procedure 60(b) motion and contested the underlying merits of the district court?s decision to abstain. The appeals court concluded that the district court did not abuse its discretion in abstaining and staying the case under Burford.
MLC Automotive, LLC v. Town of Southern Pines
July 8, 2008