Black Rights Group May Sue For Revocation, Denial of Grants

Court of Appeals says nonprofit has claims for violation of First and 14th Amendments

The 11th Circuit Court of Appeals has reversed a trial court decision and allowed a black rights nonprofit to sue for violation of the First and 14th Amendments when Pinellas County revoked an authorized grant and denied a second grant of Covid-relief funds.  It has found that the African People’s Education and Defense Fund (“APEDF”) has alleged sufficient facts to survive a motion to dismiss.

PA charity need not prove every parcel qualifies for exemption

A Pennsylvania charity seeking real estate tax exemption for a multi-parcel facility does not need to show that the activity on each parcel of the facility would separately meet the five-part test for charitable use, the Commonwealth Court has recently affirmed.  If the organization itself meets the definition of an institution of purely public charity eligible for exemption, it merely has to show that the parcel is actually and regularly used for the purposes of the organization.

Charitable immunity doesn’t cover contempt charges

Massachusetts’ charitable immunity law that immunizes charities against tort liability in excess of $20,000 does not protect a charity from having to pay a plaintiffs’ legal fees to enforce a civil contempt citation when the defendants failed to comply with court orders, the Supreme Judicial Court of Massachusetts has ruled.

Health center is hospital, not charity

New Jersey has had a tortured history with the judicially created doctrine of charitable immunity.

According to the state Supreme Court, the state Supreme Court, like courts or legislatures of most states in the country, rejected the theory of charitable immunity, which holds that people who give to charitable organizations should not have those funds diverted to pay for judgments for people injured by the organization.  The Supreme Court reversed its prior acceptance of charitable immunity in a series of cases in 1958 and abolished the rule for the state.

Donors Have No Claim For Rejection of Charitable Gift

Court dismisses claim for “lost income, reputational loss, emotional distress, shame, and humiliation”

Shane and Victoria McCartney, relative newcomers to the town of Welcome, MN, decided to participate in a program called “Going Hog-Wild in Martin County.” The program distributes dozens of artistically painted cement pigs throughout the county as a promotion of Martin County.  The county is the largest hog producing county in the state and the sixth largest hog producer in the country.

When nonprofit merger fails, parties sue

When the national ALS Association sought to eliminate its chapter structure and cause each of the regional chapters to merge with the national Association in 2021, most of the local chapters agreed.  The local chapter in San Diego agreed to transfer to transfer its assets of $2.7 million to the Association in return for the Association’s assuming responsibility for its obligations.  But before the merger was completed, the Chapter began to feel that the representations made by the Association were not correct and ultimately decided not to go through with the merger.  The Chap

Community foundation sues to stop affiliate split

The Blue Grass Community Foundation in Lexington, KY entered into an agreement with an individual donor in 2002 to create a permanent endowment affiliate known as the Magoffin County Community Foundation for funds to support charities in the county.  The agreement permitted the affiliate to establish a board and to invest its funds with Blue Grass funds for the standard management fees imposed by Blue Grass.