# Sullivan v. City of Pittsburgh

> Court of Appeals for the Third Circuit · January 23, 1987 · 811 F.2d 171

URL: https://www.frixlaw.com/law-library/cases/8948327

## Case

- **Full name:** Dennis SULLIVAN, Michael Diskin, James Rosenweir, Hershel Heilig, Wayne Jackson, John Clark and John King, on their own behalf and on behalf of all others similarly situated Arc House, Inc. (Plf Intervenor) v. The CITY OF PITTSBURGH, PENNSYLVANIA Paul J. Imhoff, Supt. of Pittsburgh Bureau of Building Inspections, Robert H. Lurcott, Director of the Pittsburgh Dept. of City Planning v. The COUNTY OF ALLEGHENY, PENNSYLVANIA and the Allegheny County Institution
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** January 23, 1987
- **Citations:** 811 F.2d 171
- **Precedential status:** Published
- **Opinion:** Concurrence by Hunter
- **Judges:** Higginbotham, Hunter
- **Cited by:** 53 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8948327

## Opinion text

HUNTER, Circuit Judge,
concurring:
If I were writing on a blank slate, I would hold that the district court erred in failing to abstain in this case. In my view, a federal court unduly interferes with state judicial proceedings when the federal court issues an injunction nullifying a state administrative decision that is under review in state court. The pending parallel state proceeding and this case involve the exact same legal issues, the exact same facts, and the exact same parcels of real property — under these circumstances, we disserve the federal system by appropriating the resolution of the dispute which is properly in the state system. My views are well expressed by the dissenting opinion of Judge Rosenn in New Jersey — Philadel phia Presbytery of the Bible Presbyterian Church v. New Jersey State Board of *186 Higher Education, 654 F.2d 868, 895-908 (3d Cir.1981). I am, however, bound to follow the majority opinion in that case. Because that opinion is apparently controlling here, I concur in the judgment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8948327. Public record. Not legal advice.