[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
SEPTEMBER 28, 2007
No. 06-15075
THOMAS K. KAHN
________________________
CLERK
D.C. Docket No. 05-01696-CV-T-30-MSS
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,
versus
CITY OF TREASURE ISLAND, a Florida Municipal Corporation,
Defendant-Plaintiff-
Cross-Defendant-Appellee,
CITY OF TREASURE ISLAND CODE
ENFORCEMENT BOARD,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Middle District of Florida
________________________
(September 28, 2007)
Before BIRCH, BARKETT and COX, Circuit Judges.
PER CURIAM:
Appellants argue, on this interlocutory appeal, that the district court abused its
discretion in denying their request for a preliminary injunction. T h e a b u s e o f
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);
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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.
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BARKETT, Circuit Judge, specially concurring:
I adhere to the view that this case is moot. But, since the court has denied the
City of Treasure Island’s motion to dismiss the appeal, I join the court’s opinion.
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