Moorer v. Demopolis Waterworks and Sewer Bd., No. 03-16378 Non-Argument Calendar.

• Court: U.S. Court of Appeals — Eleventh Circuit
• Writing for the Court: Per Curiam
• Citation: 374 F.3d 994
• Parties: Robert Evans MOORER, Plaintiff-Appellant, v. DEMOPOLIS WATERWORKS AND SEWER BOARD, Defendant-Appellee.
• Decision Date: 14 June 2004
• Docket Number: No. 03-16378 Non-Argument Calendar.

374 F.3d 994 Robert Evans MOORER, Plaintiff-Appellant,
v.
DEMOPOLIS WATERWORKS AND SEWER BOARD, Defendant-Appellee. No. 03-16378 Non-Argument Calendar. United States Court of Appeals, Eleventh Circuit. June 14, 2004.

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George Keith Clark, Montgomery, AL, for Plaintiff-Appellant.

Woodford W. Dinning, Jr., Lloyd, Dinning, Boggs & Dinning, Demopolis, AL, for Defendant-Appellee.

Appeal from the United States District Court for the Southern District of Alabama.

Before BLACK, BARKETT and GODBOLD, Circuit Judges.

PER CURIAM:

This case arises because the district court abstained from exercising its jurisdiction in favor of a concurrent state court proceeding and dismissed the case. On April 21, 2003, the State of Alabama filed an action in the Circuit Court of Marengo County alleging that the appellee has violated and continues to violate the Alabama Water Pollution Control Act, Ala.Code § 22-22-1 (1975). State of Alabama, ex rel. Bill Pryor v. Demopolis Water Works and Sewer Board, No. CV-2003-79. On May 28, 2003, Moorer filed a motion to intervene in the Marengo County state court action. Subsequently, on June 2, 2003, Moorer filed the present action against the appellee alleging that appellee has violated and continues to violate both federal and state Water Pollution Control Acts, 33 U.S.C. § 1251-1387 (2001) and Ala.Code. § 22-22-1 to 14 (1975). Moorer's motion to intervene in the state court action was granted on August 11, 2003. Appellee filed a motion to dismiss or in the alternative to stay Moorer's suit filed in federal court arguing that the federal court action unnecessarily duplicated the pending Marengo County action. The district court granted appellee's motion and dismissed the complaint without prejudice. Moorer now appeals. We affirm the judgment of the district court with modification.

The only issue before this court is whether the "exceptional circumstances test" enunciated in Colorado River Water Conservation District v. U.S., 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976) was applicable in this case, and if so, whether the district court should have stayed the action rather than dismiss it. We review under an abuse of discretion standard the district court's dismissal on Colorado River abstention grounds. TranSouth Financial Corp. v. Bell, 149 F.3d 1292, 1294 (11th Cir.1998). "When employing an abuse of discretion standard, `we must affirm unless we at least determine

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that the district court has made a clear error of judgment, or has applied an incorrect legal standard.'" Alexander v. Fulton County, Ga., 207 F.3d 1303, 1326-27 (11th Cir.2000) (quoting SunAmerica Corp. v. Sun Life Assurance Co. of Canada, 77 F.3d 1325, 1333 (11th Cir.1996)). We will not reverse unless "the error [will] result in a substantial injustice to the Defendants." Id.

Abstention and Water Pollution Control Act

The Colorado River doctrine of "exceptional circumstances" authorizes a federal "district court to dismiss or stay an action when there is an ongoing parallel action in state court." LaDuke v. Burlington Northern Railroad Co., 879 F.2d 1556, 1558 (7th Cir.1989). The principles of this doctrine "rest on considerations of `[w]ise judicial administration, giving regard to conservation of judicial resources and comprehensive disposition of litigation'." Colorado River, 424 U.S. at 817, 96 S.Ct. 1236 (quoting Kerotest Mfg. Co. v. C-O-Two Fire Equip. Co., 342 U.S. 180, 183, 72 S.Ct. 219, 96 L.Ed. 200 (1952)). Although federal courts have a "virtually unflagging obligation ... to exercise the jurisdiction given them" they may defer to a parallel state proceeding...