DIFFENDERFER v. CENTRAL BAPTIST CHURCH

No. 70-47.

404 U.S. 412 (1972)

DIFFENDERFER ET AL. v. CENTRAL BAPTIST CHURCH OF MIAMI, FLORIDA, INC., ET AL.

Supreme Court of United States.

Decided January 10, 1972


Attorney(s) appearing for the Case

Leo Pfeffer argued the cause for appellant Diffenderfer. With him on the brief were Richard Yale Feder, Irma Robbins Feder, and Melvin L. Wulf. Howard J. Hollander argued the cause and filed a brief for appellant Paul.

Charles M. Whelan argued the cause for appellee Central Baptist Church of Miami. With him on the brief were Herbert S. Sawyer, Karl B. Block, Jr., and William R. Consedine.

Franklin C. Salisbury and Noel H. Thompson filed a brief for Protestants and Other Americans United for Separation of Church and State as amicus curiae urging reversal. Robert L. Shevin, Attorney General of Florida, pro se, filed a memorandum.


PER CURIAM.

This is an action for a declaratory judgment that Florida Stat. § 192.06 (4) (1967) violates the First Amendment to the Constitution of the United States insofar as it authorizes a tax exemption for church property used, inter alia, as a commercial parking lot, and for an injunction requiring appropriate state and local officials to assess and collect taxes against such property. It is brought by citizens...

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