Matthew Schwarz v. City of Treasure Island

U.S. Court of Appeals for the Eleventh Circuit
Matthew Schwarz v. City of Treasure Island, 243 F. App'x 587 (11th Cir. 2007)

Matthew Schwarz v. City of Treasure Island

Opinion of the Court

PER CURIAM:

Appellants argue, on this interlocutory appeal, that the district court abused its discretion in denying their request for a preliminary injunction. The abuse of discretion argument is based upon Appellants’ contentions that 12305 3rd Street is a “dwelling” under the Fair Housing Act, 42 U.S.C. § 3601 et seq., and that the Appellees denied their reasonable accommodation request.

A district court’s denial of a request for a preliminary injunction “will not be reversed unless there is a clear abuse of discretion.” Revette v. Int’l Ass’n of Bridge, Structural and Ornamental Iron Workers, 740 F.2d 892, 893 (11th Cir. 1984) (citation omitted). “[A]n abuse of discretion standard recognizes there is a range of choice within which we will not reverse the district court even if we might have reached a different decision.” Schiavo ex rel. Schindler v. Schiavo, 403 F.3d 1223, 1226 (11th Cir. 2005) (citations omitted); see also Revette, 740 F.2d at 893; Rasbury v. Internal Revenue Serv. (In re Rasbury), 24 F.3d 159, 168-69 (11th Cir. 1994); McMahan v. Toto, 256 F.3d 1120, 1128 (11th Cir. 2001). Appellants’ contentions may be correct, but the question of whether 12305 3rd Street is a “dwelling” within the meaning of the Fair Housing Act is sufficiently close and complex to warrant affirming the district court’s denial of a preliminary injunction.

We do not decide the ultimate issue of whether Appellants will prevail. We can conduct a more thorough review following the district court’s final decision regarding injunctive relief. We decide only that the district court did not abuse its discretion in denying the request for a preliminary injunction.

AFFIRMED.

Concurring Opinion

BARKETT, Circuit Judge,

specially concurring:

I adhere to the view that this case is moot. But, since the court has denied the *589City of Treasure Island’s motion to dismiss the appeal, I join the court’s opinion.

Reference

Full Case Name
Matthew SCHWARZ, Gulf Coast Recovery, Inc., a Florida Corporation, Plaintiffs-Defendants-Cross-Claimants-Appellants, John Doe, I-IV, Anonymous Individuals, Jane Doe, V-IX, Anonymous Individuals, Plaintiffs-Appellants, v. CITY OF TREASURE ISLAND, a Florida Municipal Corporation, Defendant-Plaintiff-Cross-Defendant-Appellee, City of Treasure Island Code Enforcement Board, Defendant-Appellee
Status
Unpublished