R. Thomas Merrill, Moses Libitzky and Marina Center, a California General Partnership v. City of Richmond
Docket: 92-17011
Court: Court of Appeals for the Ninth Circuit; April 29, 1994; Federal Appellate Court
The United States Court of Appeals for the Ninth Circuit affirmed the district court's granting of a preliminary injunction in the case involving R. Thomas Merrill, Moses Libitzky, and Marina Center against the City of Richmond. The court found no abuse of discretion in the district court’s assessment of the likelihood of success on the merits and the risk of imminent irreparable harm, citing precedent from Los Angeles Memorial Coliseum Commission v. National Football League. Additionally, the court declined to review the district court's denial of the appellants' motion to dismiss, viewing it as a motion for summary judgment, which is not subject to review in the context of an appeal of a preliminary injunction, referencing State of California v. American Stores Co. The court also upheld the denial of the appellants' motion for a stay, indicating no abuse of discretion, as the appellees' claim did not involve any uncertain area of state law, citing Hawaii Housing Authority v. Midkiff. The decision is not intended for publication and cannot be cited in other cases except under specific conditions outlined in Ninth Circuit Rule 36-3.