Requirement of 85% to amend covenants is valid
A provision in the Declaration of Covenants of a homeowners’ association requiring approval of 85% of the owners to make any changes has been upheld in Mississippi. An appellate court has affirmed a trial court decision holding that the provision is unambiguous and reasonable.
Library cannot get federal injunction against tax sale
A nonprofit library in Maine has been unable to obtain a federal court injunction against a Town seeking to sell its real estate for alleged failure to pay real estate taxes, a federal District Court in Maine has ruled. It denied the injunction on the basis of the federal Anti-Injunction Act that prohibits federal courts from enjoining “the collection of state taxes.”
Pennsylvania Increases Payout Permitted from Endowment Funds
Legislature also expands standing of donors to contest failure to follow restrictions
The Pennsylvania Legislature, with little publicity or fanfare, has passed two significant changes in the law governing endowments and other restricted funds.
Supreme Court Extends ‘Ministerial Exception’ To Cover More Teachers at Religious Schools
Court says 9th Circuit improperly treated prior criteria as checklist to determine whether courts could hear claims of discrimination
The U.S. Supreme Court has extended the scope of the “ministerial exception” that prohibits courts from hearing claims of employment discrimination brought by teachers at religious schools. It has reversed and remanded two separate cases from the 9th Circuit, in which the Court of Appeals had reversed trial court summary judgments in favor of the schools and held that the teachers did not meet the criteria for being a “minister” previously established by the Court.