Mark Brown v. City of Upper Arlington, No. 09-4396 (6th Cir. 2011)
Annotate this CaseThe City of Upper Arlington, Ohio, determined that a 40-year-old tree on city property, in front of Brown's house, was dying, posed a hazard, and should be removed. The city's tree commission rejected Brown's claims. Brown obtained a temporary restraining order in state court, which expired before the case was removed to federal court. The federal magistrate declined to rule on state claims, dismissed federal claims, and refused to enter an injunction. Although Brown's attorney stated that the Brown would immediately refile state claims, the city removed the tree the next day. The federal court refused to reconsider its prior order, but entered a finding of contempt, stating that the city had prevented meaningful appeal. The Sixth Circuit vacated, finding that the trial court exceeded its authority. The city did not violate any court order. The court had entered its final order and there was no automatic stay. If the city's actions deprived a court of meaningful jurisdiction, it was the state court.
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