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15-1308 - Haire v. Cuyahoga County Clerk of Courts et al


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15-1308 - Haire v. Cuyahoga County Clerk of Courts et al
February 4, 2016
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Opinion and Order The Court finds that the County's error in failing to pass the authorizing legislation following the changing of the government form on January 1, 2011, does not state a claim for a violation of Plaintiff's substantive due process rights. Accordingly, the Court GRANTS Defendants' motions to dismiss the federal claim articulated in Count IV of the Complaint. (Doc ##: 19, 25, 30.) As the federal claim is the claim upon which subject matter jurisdiction rests, and it is better for state courts to be deciding state-law issues, the Court declines to exercise supplemental jurisdiction over the state-law claims asserted in Counts I-III. E.g., Detroit Memorial Park Ass'n, Inc. v. City of Detroit Bd. of Zoning Appeals, 105 F.Aupp.3d 769, 779 (E.D. Mich. 2015). Thus, the remaining claims are hereby dismissed without prejudice to refiling in state court. Signed by Judge Dan Aaron Polster on 2/4/2016. (K,K)