As related, Defendant City of Akron contends that Plaintiffs Portage County purposefully omit reference to these federal laws in the complaint in an effort to avoid federal court jurisdiction.įor the reasons that follow, the Court concludes that Plaintiffs Portage County did not intend to adjudicate federal claims in this action. Defendant City of Akron maintains that Plaintiff Portage County's claims "involve substantial questions of federal law" arising under the aforementioned provisions. §§ 1251-1387 the Boundary Waters Treaty of 1909 between the United States and Canada or the Water Resources Development Act of 1986, 42 U.S.C. To determine these issues, the Court evaluates whether Portage County's state claims specifically implicate either the Clean Water Act, 33 U.S.C. If not, the Court then considers whether the "real nature" of Plaintiffs Portage County's state claims "arise under federal law" such to require this Court's review. In ruling on Plaintiffs Portage County's motion to remand, the Court first considers whether the claims in Portage County's complaint, on their face, invoke federal question jurisdiction. Plaintiffs Portage County contend this case should be heard in state court because the issues presented are not governed by federal law and thus do not vest this Court with federal subject matter jurisdiction under 28 U.S.C. Plaintiffs Portage County's motion to remand follows Defendant City of Akron's Apnotice of removal to this Court pursuant to 28 U.S.C. ("Portage County") filed a motion to remand this cause to the Portage County Court of Common Pleas. On May 27, 1998, Plaintiffs Portage County Board of Commissioners, et al. Cunningham, Max Rothal, City Of Akron, Law Department, Akron, OH, for Akron, City of. Jacobs, Robert Francis Ware, Jr., Thompson, Hine & Flory, Cleveland, OH, Cheri B. Hamilton, John White Edwards, Jones, Day, Reavis & Pogue, Columbus, OH, for Portage County Board of Commissioners, Charles Keiper, II, Kathleen Chandler, Christopher Smeiles, Cuyahoga Falls, City of, Kent, City of, Munroe Falls, City of, Silver Lake, Village of. *694 John Wesley Edwards, II, Jones, Day, Reavis & Pogue, Cleveland, OH, Jack A. PORTAGE COUNTY BOARD OF COMMISSIONERS, et al., Plaintiffs,
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