No. 23-1139

John F. Gallagher v. Northampton County Revenue Appeals Board, et al.

Lower Court: Third Circuit
Docketed: 2024-04-19
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment 4th-amendment 8th-amendment comity constitutional-claims federal-jurisdiction property-tax subject-matter-jurisdiction takings-clause tax-injunction-act
Key Terms:
SocialSecurity Takings FifthAmendment DueProcess Jurisdiction
Latest Conference: 2024-06-13
Question Presented (AI Summary)

Whether federal subject matter jurisdiction under 28 U.S.C. §1331 is barred by the Tax Injunction Act or the doctrine of comity for claims challenging the federal constitutionality of the seizure or sale of private real property by local municipal entities pursuant to state property tax statutes

Question Presented (OCR Extract)

QUESTION PRESENTED Whether original federal subject matter jurisdiction under 28 U.S.C. §1331 is not barred by the Tax Injunction Act or the doctrine of comity with regard to claims or declaratory judgment actions brought under the Takings Clause of the Fifth Amendment, the Excessive Fines Clause of the Eighth Amendment, and the Due Process Clauses of the Fourth and Fourteenth Amendments to the United States Constitution in cases that challenge the federal constitutionality of the seizure or sale of private real property by local municipal entities pursuant to state property tax statutes in order to satisfy property tax debts. 1

Docket Entries

2024-06-17
Petition DENIED.
2024-05-28
DISTRIBUTED for Conference of 6/13/2024.
2024-05-08
Waiver of right of respondents Bethlehem School District & Stacy Gober to respond filed.
2024-05-08
Waiver of right of respondents Bethlehem Township and Andrew Freda to respond filed.
2024-05-07
Waiver of right of respondents Northampton County Revenue Appeals Board, Northampton County Tax Claim Bureau, Stephen J. Barron, Jr. to respond filed.
2024-05-06
Waiver of right of respondent Portnoff Law Associates, Ltd. to respond filed.
2024-04-16
Petition for a writ of certiorari filed. (Response due May 20, 2024)

Attorneys

Bethlehem School District & Stacy Gober
Sarah Elizabeth ModrickKing, Spry, Herman, Freund & Faul, LLC, Respondent
Bethlehem Township and Andrew Freda
John S. HarrsionBroughal & DeVito, LLP, Respondent
John F. Gallagher
John F. Gallagher — Petitioner
Northampton County Revenue Appeals Board, Northampton County Tax Claim Bureau, Stephen J. Barron, Jr.
Gerard Joseph GeigerNewman Williams, P.C., Respondent
Portnoff Law Associates, Ltd.
Donald E. Wieand Jr.Stevens & Lee, P.C., Respondent