Background
Five residents living near a New Orleans hospital sued to abate helicopter noise and vibrations after the hospital relocated its helipad. The district court granted summary judgment in part, holding that federal aviation regulations preempted a permanent injunction to relocate the helipad. The plaintiffs immediately appealed, arguing the order effectively refused an injunction and was appealable under federal statute.
The court’s reasoning
The court analyzed whether it had jurisdiction under Section twelve hundred and ninety-two of Title twenty-eight of the United States Code, subsection one, which allows interlocutory appeals of orders granting or denying injunctions. The court noted that while the order had the practical effect of refusing a permanent injunction, such orders rarely satisfy the requirement of showing serious or irreparable consequences. The plaintiffs did not attempt to argue they met these factors, nor did they seek a preliminary injunction or expedited trial.
We must therefore apply the exception gingerly lest a floodgate be opened that permits immediate appeal over too many nonfinal orders.
Anderson v. Hutson, 114 F.4th 408, 415 (5th Cir. 2024)
What it means going forward
The dismissal prevents immediate appellate review of the district court’s ruling on the helipad relocation, leaving the plaintiffs to await final judgment before seeking further relief.