Schievella v. Department of Taxes

Plaintiffs Randall and Susan Schievella appeal from the Washington Superior Court’s order dismissing their complaint under VR.C.E 12(b)(6) for lack of standing. The complaint challenged the constitutionality of the income definition and eligibility requirements of the Homestead Property Tax Income Sensitivity Adjustment, 32 VS.A. § 6061 et seq., as arbitrary and discriminatory. On appeal, plaintiffs argue that they have standing to challenge provisions of the statute and that their complaint states a claim upon which relief can be granted. We affirm.

Plaintiffs filed a complaint in Washington…