BOYCE F. MARTIN, JR., Circuit Judge.
There are two issues in this Younger abstention case. The first is whether
Abdalla Nimer and his wife, Cathy Fobes, (the Nimers), own land where they operate a business that produces meat snacks such as beef jerky. They began constructing buildings on their land because they wanted to expand the business to include the butchering of cattle and pigs. Their land, however, was zoned for residential use. The Nimers did not get zoning certificates before constructing and improving the buildings on their property.
The Litchfield Township Board of Trustees sued the Nimers in the Medina County Court of Common Pleas seeking injunctive relief. The Medina County Court enjoined the Nimers from putting the buildings to any other use aside from keeping and feeding animals until they could get the necessary zoning certificates.
The Nimers then appealed the Medina County Court's decision to the Ohio Ninth District Court of Appeals. Several days after appealing the state court decision, the Nimers sued Litchfield Township in federal district court under 42 United States Code section 1983, alleging that the Township had violated their rights under the Fourteenth Amendment and requesting compensatory and punitive damages. The district court applied the doctrine from Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), to abstain from the case, which it dismissed without prejudice.
We review de novo a district court's decision to abstain under the Younger doctrine. Habich v. Dearborn, 331 F.3d 524, 530 (6th Cir.2003) (citing Traughber v. Beauchane, 760 F.2d 673, 676 (6th Cir.1985)). In Traughber, we articulated for the first time "the standard to be applied by this court in reviewing decisions of abstention by district courts." Traughber, 760 F.2d at 675. We noted that the Eleventh Circuit reviewed for abuse of discretion the decisions of district courts to abstain under the Younger doctrine, but we chose to follow the Ninth and Third Circuits, and several of our earlier precedents, which applied de novo review to cases of Younger abstention. Id. We reasoned that de novo review was appropriate "[b]ecause theories of state and federal law, and expressions of federalism and comity, are so interrelated in the decision to abstain" that "such dispositions are elevated to a level of importance dictating de novo appellate review." Id. at 676 n. 1.
We have held that a district court may apply the Younger doctrine to abstain from adjudicating a plaintiff's federal claim if that claim seeks legal — as opposed to equitable or declaratory — relief. Carroll, 139 F.3d at 1076. Here, we read the Nimers' federal complaint as seeking only
A district court may abstain under the Younger doctrine if three conditions exist: there are state proceedings that are (1) currently pending; (2) involve an important state interest; and (3) will provide the federal plaintiff with an adequate opportunity to raise his or her constitutional claims. Habich, 331 F.3d at 530 (citing Hayse v. Wethington, 110 F.3d 18, 20 (6th Cir.1997)).
The first condition for the application of Younger abstention is that the state proceeding must be pending on the day the plaintiff sues in federal court — the so-called "day-of-filing" rule. Fed. Express Corp. v. Tenn. Pub. Serv. Comm'n, 925 F.2d 962, 969 (6th Cir.1991).
Here, the first condition for Younger abstention is satisfied because the Nimers appealed their state court case on March 30, 2011, and that appeal was still pending when they brought their federal lawsuit on April 6, 2011.
The second condition for Younger abstention is that the state has a substantial, legitimate interest in the kind of state proceeding at issue. New Orleans Pub. Serv., Inc. v. Council of the City of New Orleans et al., 491 U.S. 350, 365, 109 S.Ct. 2506, 105 L.Ed.2d 298 (1989).
Here, the proceeding at issue is a civil state court action to enforce a municipality's zoning ordinance. In a case involving the Younger doctrine, we held that a city "does have a substantial interest in enforcing its zoning laws without federal interference in the state's judicial processes[.]" Exec. Arts Studio, Inc. v. City of Grand Rapids, 391 F.3d 783, 791 (6th Cir.2004). Therefore, the facts of this case satisfy the second condition for Younger abstention.
The third condition for Younger abstention is that the state proceeding affords an adequate opportunity for the federal plaintiffs to raise their constitutional claims. Fed. Express Corp., 925 F.2d at 970 (quoting Moore v. Sims, 442 U.S. 415, 430, 99 S.Ct. 2371, 60 L.Ed.2d 994 (1979))(parallel citations omitted). The federal plaintiffs bear the burden of showing that state procedural law barred presentation of their constitutional claims. Id. (quoting Pennzoil Co. v. Texaco, Inc., 481 U.S. 1, 14, 107 S.Ct. 1519, 95 L.Ed.2d 1 (1987)) (parallel citations omitted).
Here, the Nimers acknowledge that they brought constitutional issues to the Medina County Court of Common Pleas' attention. In their brief, the Nimers state that "it is clear" that they raised "constitutional defenses" in the Medina County Court, but they claim that the court "ignored" these issues because it did not address them in its Order granting Litchfield's injunction. So, the Nimers conclude that they had no "meaningful opportunity" nor an "adequate opportunity to raise these issues in the state court[.]" But the Nimers have not carried their burden in showing that state procedural law barred them from presenting their constitutional claims — which they did present. Therefore, the facts of this case satisfy the third condition for Younger abstention.
Because, as discussed above, the Nimers sought legal, instead of equitable or discretionary, relief, Quackenbush prevented the district court from exercising its discretion and deciding to dismiss their case. Therefore, the district court erred when it chose to exercise its discretion and decided to dismiss the Nimers' claim without prejudice.
We