Askew v. Hargrave, No. 573

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM; BLACK
Citation401 U.S. 476,91 S.Ct. 856,28 L.Ed.2d 196
Decision Date08 March 1971
Docket NumberNo. 573
PartiesReubin ASKEW et al., Appellants, v. Robert H. HARGRAVE et al

401 U.S. 476
91 S.Ct. 856
28 L.Ed.2d 196
Reubin ASKEW et al., Appellants,

v.

Robert H. HARGRAVE et al.

No. 573.
Argued Feb. 23 and 24, 1971.
Decided March 8, 1971.

Charles E. Miner, Jr., Tallahassee, Fla., for appellants.

Hershel Shanks, Washington, D.C., for appellees.

Page 477

PER CURIAM.

In 1968, Florida enacted a new law for the financing of public education through state appropriations and local ad valorem taxes assessed by each school district. A section of the new law, Fla.Stat.Ann. § 236.251 (Supp.1970), known as the 'Millage Rollback Law,' provided that, to be eligible to receive state moneys, a local school district must limit ad valorem teaxes for school purposes to not more than 10 mills of assessed valuation, with certain exceptions. Appellees filed this class action in the District Court for the Middle District of Florida alleging that the Millage Rollback Law effected an invidious discrimination, in violation of the Equal Protection Clause, against school children of property-poor counties in that 10 mills of ad valorem tax in school districts in such counties would produce less dollars per child for educational purposes than would 10 mills of ad valorem tax in other counties. A three-judge District Court entered a summary judgment in appellees' favor upon a declaration that the Millage Rollback Law was unconstitutional, and enjoined the appellants from withholding state funds from any school district by virtue of the provisions of that Act. Hargrave v. Kirk, 313 F.Supp. 944 (1970). We noted probable jurisdiction. 400 U.S. 900, 91 S.Ct. 143, 27 L.Ed.2d 137 (1970). We vacate and remand.

I

Subsequent to the filing of this suit, School Board of Broward County v. Christian, No. 69—932, was filed in the Circuit Court of the Second Judicial Circuit of Leon County, Florida. That action attacks the Millage Rollback Law primarily on state law grounds, as violative of

Page 478

provisions of the Florida Constitution. The District Court, however, rejected appellants' argument that the court 'should abstain from considering the case in deference to (the) state court proceeding,' 313 F.Supp., at 946—947, holding that under Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961), and McNeese v. Board of Education, 373 U.S. 668, 83 S.Ct. 1433, 10 L.Ed.2d 622 (1963), '(t)he fact that a state remedy is available is not a valid basis for federal court abstention.' 313 F.Supp., at 947. The reliance upon Monroe v. Pape and...

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229 practice notes
  • DONOHOE C. CO., INC. v. Maryland-National CP & P. Com'n, Civ. No. Y-74-1210.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • July 29, 1975
    ...90 S.Ct. 788, 25 L.Ed.2d 68 (1970); Wisconsin v. Constantineau, 400 U.S. 433, 91 S.Ct. 507, 27 L.Ed.2d 515 (1971); and Askew v. Hargrave, 401 U.S. 476, 91 S.Ct. 856, 28 L.Ed.2d 196 (1971). The Ninth, Seventh and Second Circuits have examined these four cases and concluded that Meridian and ......
  • HOUSING AUTHORITY OF CITY OF NEWARK v. Henry, Civ. No. 226-71.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • November 18, 1971
    ...312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941). Of particular relevance is the recent decision of the Supreme Court in Askew v. Hargrave, 401 U.S. 476 478, 91 S.Ct. 856, 28 L.Ed.2d 196 (1971), which reaffirmed the appropriateness of abstention in a case brought under 42 U.S.C. § 1983 where......
  • Salvati v. Dale, Civ. A. No. 73-461
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • October 5, 1973
    ...312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941). Of particular relevance is the recent decision of the Supreme Court in Askew v. Hargrave, 401 U.S. 476, 91 S.Ct. 856, 28 L.Ed.2d 196 (1971), which reaffirmed the appropriateness of abstention in a case brought under 42 U.S.C. § 1983 where `st......
  • Robinson v. Cahill
    • United States
    • United States State Supreme Court (New Jersey)
    • April 3, 1973
    ...by the Congress. Shapiro v. Thompson, 394 U.S. 618, 641--642, 89 S.Ct. 1322, 1335, 22 L.Ed.2d 600, 619 (1969). 2 Askew v. Hargrave, 401 U.S. 476, 91 S.Ct. 856, 28 L.Ed.2d 196 (1971), recognizes a potential for an equal protection complaint in this area. There the Florida statute provided th......
  • Request a trial to view additional results
229 cases
  • DONOHOE C. CO., INC. v. Maryland-National CP & P. Com'n, Civ. No. Y-74-1210.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • July 29, 1975
    ...90 S.Ct. 788, 25 L.Ed.2d 68 (1970); Wisconsin v. Constantineau, 400 U.S. 433, 91 S.Ct. 507, 27 L.Ed.2d 515 (1971); and Askew v. Hargrave, 401 U.S. 476, 91 S.Ct. 856, 28 L.Ed.2d 196 (1971). The Ninth, Seventh and Second Circuits have examined these four cases and concluded that Meridian and ......
  • HOUSING AUTHORITY OF CITY OF NEWARK v. Henry, Civ. No. 226-71.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • November 18, 1971
    ...312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941). Of particular relevance is the recent decision of the Supreme Court in Askew v. Hargrave, 401 U.S. 476 478, 91 S.Ct. 856, 28 L.Ed.2d 196 (1971), which reaffirmed the appropriateness of abstention in a case brought under 42 U.S.C. § 1983 where......
  • Salvati v. Dale, Civ. A. No. 73-461
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • October 5, 1973
    ...312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941). Of particular relevance is the recent decision of the Supreme Court in Askew v. Hargrave, 401 U.S. 476, 91 S.Ct. 856, 28 L.Ed.2d 196 (1971), which reaffirmed the appropriateness of abstention in a case brought under 42 U.S.C. § 1983 where `st......
  • Robinson v. Cahill
    • United States
    • United States State Supreme Court (New Jersey)
    • April 3, 1973
    ...by the Congress. Shapiro v. Thompson, 394 U.S. 618, 641--642, 89 S.Ct. 1322, 1335, 22 L.Ed.2d 600, 619 (1969). 2 Askew v. Hargrave, 401 U.S. 476, 91 S.Ct. 856, 28 L.Ed.2d 196 (1971), recognizes a potential for an equal protection complaint in this area. There the Florida statute provided th......
  • Request a trial to view additional results

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