Burial lot denied exemption for residence
A portion of a cemetery parcel improved with a single family residence was not “dedicated to burial of dead,” not used exclusively in the administration of the cemetery and therefore not exempt from real estate tax, an appellate court in Massachusetts has affirmed.
Attorney disbarred for retaining fee
An attorney has been disbarred by the Utah Supreme Court for failing to disgorge a $30,000 fee after being ordered to do so by a trial court in 2008. The issue arose during a dispute when elements of the Utah Down Syndrome Foundation split off to found a new Utah Down Syndrome Association and the attorney represented the Association officers in unsuccessful litigation against the Foundation.
Lessor LLC not exempt from real estate tax
A divided Supreme Court of Ohio has upheld a decision of the Board of Tax Appeals denying real estate tax exemption to the 501(c)(3) landlord of property rented to a charter school. The Board of Tax Appeals had found that the landlord leased the property with “a view to profit” even though the landlord was one of several within a group of limited liability companies renting to charter schools and using any surplus to support the schools within the system.
Planned giving officer not entitled to overtime
A planned giving officer for the Salvation Army in Arkansas is an exempt administrative employee and not entitled to overtime pay under the federal Fair Labor Standards Act, a federal District Court in Arkansas has ruled. The claim was brought by an Associate Planned Giving Director (“APGD”) who was dismissed for lack of performance. The Court dismissed the claim on a motion for summary judgment.
PA OAG Reaches New Agreement With Trustees of Hershey School
The Pennsylvania Office of Attorney General has reached a new agreement with the trustees of the Hershey Trust Company and Hershey School only three years after an agreement made in 2013.
Participants in Church Pension Plan May Sue for Breach of Fiduciary Duty
The Court of Appeals of Minnesota has reversed a trial court decision and permitted participants in pension plans of the Evangelical Lutheran Church in America to proceed with a suit against the plan board for breach of fiduciary duty.