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TRI-STATE T.V. v. DILLENBERG

180 Misc.2d 417 (1999)

689 N.Y.S.2d 386

Tri-State Christian T.V., Inc., Plaintiff, v. John Dillenberg, as Supervisor of Assessments of the Town of Arkwright, et al., Defendants.

Supreme Court, Chautauqua County.

April 8, 1999

Attorney(s) appearing for the Case

Foley, Foley & Passafaro (Jeffrey G. Passafaro of counsel), for defendants. Schaack, Whipple, Clark, Nelson & Polowy P. C. (Peter D. Clark of counsel), for plaintiff.

JOSEPH GERACE, J.

Defendants move in the alternative for a stay or dismissal of this action claiming violation of 42 USC § 1983. The action alleges that the defendants, as an act of religious discrimination, imposed property tax on plaintiff despite plaintiff's status as a nonprofit, tax-exempt, religious organization. Plaintiff does not challenge the property tax statutes as unconstitutional on their...

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