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June 16-30, 2004

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June 16-30, 2004

June 16-30, 2004

Court Has Power to Approve Settlement Of Foundation Dispute Without Assessing Fairness
Directors investigated by AG are not “interested” in outcome and are not prevented from voting on settlement supported by AG

Former Member of Church May Pursue Claim Against Pastor for Professional Negligence
Church and elders are dismissed from case but pastor may be sued for violation of duties as licensed counselor

Member Not Bound by Association’s Contract, May Continue Zoning Fight After Group Settles
Individual has First Amendment right to oppose development and is not liable for tortious interference with builder’s plan

Ready Reference Page
Spitzer Challenges Grasso’ Salary as “Objectively Unreasonable” And Obtained by Incomplete, Inaccurate, and Misleading Process Preview | Full Text

Issues Notes

The care and handling of NPI electronic
Thursday with the Editor, June 24, 1:00 ET

To the Point

We are a new charity that has not received any grants or other cash donations yet, but have received in-kind services. Do we still have to file a Form 990? Answer continued from last issue.

Lessons from Litigation

  • Performing arts center must accommodate service dog
  • Bankrupt couple can’t treat Catholic school tuition as contributions

Tax Matters 

  • Nonprofit can’t recover real estate taxes paid because it failed to realize it should claim exemption
  • Residential use of charity’s headquarterscauses loss of real estate tax exemption

Employment Law

  • Fourth Circuit refuses to reconsider “landmark” FLSA case
  • AmeriCorps “volunteer” eligible for worker’s comp

Say That Again?

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