Church parking spaces leased to students not exempt
Twenty-four parking spaces in a church parking lot leased to students for most of the week are properly denied real estate tax exemption, the Supreme Court of New Hampshire has held.
Archers’ names for deer control not public
The Pennsylvania Commonwealth Court has held that names of volunteer archers and landowners who participated in a municipal deer control program are protected from disclosure under the “donor” provision of the state’s Right To Know Law.
Bankruptcy Court Can’t Join Catholic Affiliates to Archdiocese Case
A federal District Court in Minnesota has affirmed a Bankruptcy Court decision refusing to join more than 180 separate Catholic affiliates in the bankruptcy proceeding of the Archdiocese of St. Paul and Minneapolis. The Court has ruled that the action would violate the Bankruptcy Code’s prohibition against involuntary bankruptcies against a corporation that is not “a moneyed, business or commercial corporation.”
Nonprofit may not be eligible for charitable immunity
An appellate court in Arkansas has refused to grant charitable immunity to a nonprofit nursing home accused of abusing the charitable form to avoid liability for the death of a resident. The Court has affirmed a trial court decision holding that material issues of fact prevent the grant of a summary judgment.
Mosque may proceed with RLUIPA case
A Muslim religious organization has been allowed to proceed with a Religious Land Use and Institutionalized Persons Act claim against a suburban Philadelphia township after the township denied a variance to build a mosque within the municipality. A federal District Court in Philadelphia has said the complaint filed by the U.S.
Title VII suit dismissed against college board
The board of directors of a private nonprofit college in Oklahoma is not a “suable entity” and a discrimination case brought by a former college employee against the institution and its board of directors must be dismissed as against the board itself, a federal District Court in Oklahoma has held.
House parents may pursue FLSA claims
Counselor/parents at a nonprofit residential treatment facility for delinquent and dependent boys may pursue overtime pay and retaliation claims under the Federal Fair Labor Standards Act, a federal District Court in Pennsylvania has held. It has refused to grant motions for summary judgment in favor of the defendant employers.