Friday, August 17, 2007

Court Finds First Amendment Claim in Tax Challenge Case

Van Deelen v. Johnson, --- F.3d ----, 2007 WL 2309778 (10th Cir. August 14, 2007)

(This may have some remote applicability to our cases) 10th reversed summary judgment entered against Plaintiff who brought a federal First Amendment claim that city officials unlawfully retaliated against him for engaging in protected First Amendment petitioning activity: Plaintiff challenged local tax assessments on his property, and Plaintiff stated a valid 1st Amendment claim when he alleged that Defendants threatened him during the course of one of the meetings to resolve the tax issues. It matters not what the merits were on Plaintiff’s underlying tax claims.