D’Ambrosio Brown Successfully Utilizes Tax Injunction Act to Win First Amendment lawsuit in Boston Federal Court
Representing the City of Chelsea in Federal Court, D’Ambrosio Brown LLP successfully persuaded Judge Wolf that the Federal Tax Injunction Act (28 U.S.C. § 1341) barred a civil rights lawsuit brought against the City.
The City was sued by a church claiming that it had received each year a religious tax exemption pursuant to M.G.L. c. 59. The Church sued the City when the exemption was not applied to a new property that it acquired when it relocated. The Church argued that the City’s actions violated the Free Exercise and Establishment Clause of the First Amendment of the United States Constitution and that the Church was entitled to an Injunction and an award of monetary damages.
D’Ambrosio Brown moved to dismiss the lawsuit for lack of jurisdiction based upon the Tax Injunction Act. The Court held that the argument was correct and dismissed the Complaint.
La Luz Decristo v. City of Chelsea, 1:11-cv-12053