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Remedies Keyed to Tabb, 8th
Brown v. City of Upper Arlington
Citation:
637 F.3d 668 (2011)Facts
Mark Brown owned a home in Upper Arlington, Ohio, adjacent to a 40-year-old sweet gum tree planted on City property. In April 2008, the City’s Parks and Forestry Superintendent informed Brown that the tree was decayed and dying and would be removed for public safety reasons. Brown contested this determination before the City’s Tree Commission twice, arguing the tree was healthy, but the Commission denied his appeals. Brown then filed suit in state court, obtaining a temporary restraining order. The City removed the case to federal court, where a magistrate judge held an evidentiary hearing and established an informal understanding that the City would notify Brown and the court before taking action on the tree. On October 28, 2008, the court rejected Brown’s federal constitutional claims and denied his request for a preliminary injunction, entering final judgment the next day. On October 30, despite Brown’s protests and his attorney’s notification to the City that he intended to refile state law claims in state court, City employees arrived with equipment and removed the tree. Brown then moved for contempt sanctions, which the district court granted based on the court’s inherent power.
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