1. Home
  2. Browse Decisions
  3. F.3d
  4. 466 F.3d
  5. 466 F.3d 259 (2006)
 

LUESSENHOP v. CLINTON COUNTY

No. 05-4083-cv(L), No. 06-0093-cv(CON), No. 06-0704-cv(CON), No. 06-2180-cv(CON).

466 F.3d 259 (2006)

ELIZABETH LUESSENHOP and MARK BAECHLE, Plaintiffs-Counter-Defendants-Appellants, ALEXANDER TUPAZ, LOURDES TUPAZ, and MARTIN BOUCHARD, Plaintiffs-Appellants, v. CLINTON COUNTY, NEW YORK, WILLIAM BINGEL, in his individual capacity and in his official capacity as Clinton County Administrator, JANET L. DUPREY, in her individual capacity and in her official capacity as Clinton County Treasurer, and CHARLES JOHNSON, JR., Defendants-Counter-Claimants-Appellees, TOWN OF MENDON, Defendant-Cross-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 11, 2006.

Attorney(s) appearing for the Case

SHANNON A. BERTRAND, Rutland, VT (Kenlan, Schwiebert & Facey, Rutland, VT, of counsel), for Plaintiff-Counter-Defendant-Appellant Mark Baechle.

MARK SCHNEIDER, Plattsburgh, NY, for Plaintiffs-Appellants Elizabeth Luessenhop, Alexander Tupaz, Lourdes Tupaz and Martin Bouchard.

ROBERT A. RAUSCH, Albany, NY (Maynard, O'Connor, Smith & Catalinotto, Albany, NY, of counsel), for Defendants-Claimants-Appellees.

PHILIP C. WOODWARD, South Burlington, VT (Marikate E. Kelley, Woodward & Kelley, South Burlington, VT, of counsel), for Defendant-Cross-Defendant-Appellee.

Marc D. Craw, Colonie, NY, for Amicus Curiae Assemblyman Ortloff.

Michael T. Kirkpatrick, Deepak Gupta, Public Citizen Litigation Group, Washington, D.C., for Amicus Curiae Public Citizen, Inc.

Before: MESKILL, CALABRESI, and POOLER, Circuit Judges.

MESKILL, Circuit Judge:

These consolidated appeals raise two issues. First, whether federal courts, consistent with the Tax Injunction Act, 28 U.S.C. § 1341 (2006), have jurisdiction to adjudicate a taxpayer's challenge that the notice of foreclosure provided by the taxing authority of a state is constitutionally inadequate. We conclude that the district courts have jurisdiction. Second, whether the taxpayers in this consolidated appeal were provided with constitutionally...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases