M&A GABAEE v. COMMUNITY REDEVELOPMENT AGENCY

Nos. 04-56134, 04-56740.

419 F.3d 1036 (2005)

M&A GABAEE, a California Limited Partnership, Plaintiff-Appellant, v. The COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF LOS ANGELES, a public agency; City of Los Angeles, a municipal corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 17, 2005.


Attorney(s) appearing for the Case

Bruce Tepper, Los Angeles, CA, argued the cause for the appellant; Fernando Villa and Amy B. Alderfer, Greenberg Traurig, LLP, Santa Monica, CA, were on the brief.

JoAnn Victor, Jackson & Assoc., Los Angeles, CA, argued the cause for the appellees; David S. Cunningham III, Jackson & Assoc., and Mary K. Dennis, Office of the City Attorney of Los Angeles, CA, were on the brief.

Before O'SCANNLAIN and RAWLINSON, Circuit Judges, and WHALEY, District Judge.


O'SCANNLAIN, Circuit Judge.

We must decide whether Younger abstention is called for when a parallel state-court proceeding has formally begun but not yet reached proceedings of substance on the merits of the case.

I

M&A Gabaee ("M&A"), a California limited partnership formed by real estate developers, holds possession of two pieces of property in Los Angeles, one at 1040 E. Slauson Ave. and one at 944-1010 E. Slauson Ave. (the "1040...

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