Glen Sumner v. Board of Adjustment , 637 F. App'x 841 ( 2016 )

Case: 15-20399 Document: 00513402332 Page: 1 Date Filed: 03/01/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-20399 United States Court of Appeals
Summary Calendar Fifth Circuit
FILED
March 1, 2016
GLEN SUMNER, Lyle W. Cayce
Clerk
Plaintiff - Appellant
v.
BOARD OF ADJUSTMENT OF THE CITY OF SPRING VALLEY VILLAGE,
TEXAS; CITY OF SPRING VALLEY VILLAGE, TEXAS; ART FLORES,
Defendants - Appellees
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:15-CV-244
Before DAVIS, JONES, and GRAVES, Circuit Judges.
PER CURIAM:*
Glen Sumner appeals the district court’s dismissal of his action,
stemming from the alleged eroding of his property due to the actions of his
neighbor and the City of Spring Valley Village, Texas. In the district court,
Sumner asserted a claim under 42 U.S.C. § 1983 for violation of his procedural
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 15-20399 Document: 00513402332 Page: 2 Date Filed: 03/01/2016
No. 15-20399
due process rights, and further sought a declaratory judgment that the
certificate of occupancy issued by the city to his neighbor be withdrawn.
Sumner first urges this court to find that the district court erred in ruling
that he failed to state a protected property or liberty interest to support his
procedural due process claim. He further contends that the district court’s
determination that his declaratory judgment claim was unsupported by an
independent basis for federal jurisdiction was also error.
This court has considered this appeal on the basis of the briefs, the
pertinent portions of the record, and the applicable law. Having done so, the
judgment is affirmed, essentially for the reasons stated in the Order of the
district court.
AFFIRMED.
2