No. 18-283

Charles Coleman, et al. v. Campbell County Library Board of Trustees

Lower Court: Kentucky
Docketed: 2018-09-05
Status: Denied
Type: Paid
Amici (2)
Tags: due-process federal-due-process-rights fourteenth-amendment judicial-procedure prospective-only retroactive-relief state-law state-retroactivity-doctrines tax-relief unlawful-taxes
Key Terms:
AdministrativeLaw DueProcess Takings
Latest Conference: 2018-11-09
Question Presented (AI Summary)

Whether a state can circumvent the requirements of the Due Process Clause to provide taxpayers retroactive relief from unlawful taxes by making its decision prospective-only

Question Presented (from Petition)

QUESTIONS PRESENTED The Kentucky Court of Appeals agreed with the that the tax rates levied by the Campbell County Library District-respondent violated Kentucky law. On remand, the lower courts denied the taxpayers any relief for taxes overpaid for prior years. The Kentucky Court of Appeals held that under Kentucky law, the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution did not entitle the taxpayers to retroactive relief. The lower courts ruled on only one count of taxpayers’ multi-count complaint, ignoring all others. The questions presented are: 1) Whether a state can circumvent the requirements of the Due Process Clause to provide taxpayers retroactive relief from unlawful taxes by making its decision prospective-only. 2) Whether a state violates the Due Process Clause by refusing to rule on claims asserted in an action to recover unlawful taxes.

Docket Entries

2018-11-13
Motion for leave to file amicus brief filed by The New England Legal Foundation GRANTED.
2018-11-13
Petition DENIED.
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-10-16
Reply of petitioners Charles Coleman, et al. filed.
2018-10-05
Brief of respondent Campbell County Library Board of Trustees in opposition filed.
2018-10-05
Motion for leave to file amicus brief filed by The New England Legal Foundation.
2018-08-31
Petition for a writ of certiorari filed. (Response due October 5, 2018)

Attorneys

Campbell County Library Board of Trustees
Jeffrey C. MandoAdams, Stepner, Woltermann & Dusing, PLLC, Respondent
Jeffrey C. MandoAdams, Stepner, Woltermann & Dusing, PLLC, Respondent
Charles Coleman, et al.
Timothy Joseph EiflerStoll Keenon Ogden PLLC, Petitioner
Timothy Joseph EiflerStoll Keenon Ogden PLLC, Petitioner
The New England Legal Foundation
John PagliaroThe New England Legal Foundation, Amicus
John PagliaroThe New England Legal Foundation, Amicus