Legal Opinion

Johnson v. Kelly

District Court, E.D. Pennsylvania

Decided July 11, 1977No. Civ. A. 75-3103PublishedCited by 6 opinions

1Opinion of the Court

OPINION

DITTER, District Judge.

I. Introduction

This suit challenges certain tax sales conducted in Delaware County, Pennsylvania, pursuant to the County Return Act, Act of May 29, 1931, P.L. 280, as amended, 72 P.S. § 5971a et seq. The primary constitutional challenges to the Act are that it violates due process: (1) by failing to provide for a prior judicial determination of alleged delinquent property taxes before the tax sale is conducted and (2) by failing to require notice by personal service to the owner prior to sale. 1 Although brought in one complaint the suit actually is three…

2Cases cited81 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. O'Shea v. LittletonSupreme Court of the United States · 1974
  3. Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
  4. Steffel v. ThompsonSupreme Court of the United States · 1974
  5. Burford v. Sun Oil Co.Supreme Court of the United States · 1943

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3Cited by6 opinions

  1. Johnson v. KellyCourt of Appeals for the Third Circuit · 1978
  2. Aristocrat Health Club of Hartford, Inc. v. ChaucerDistrict Court, D. Connecticut · 1978
  3. Corpus Christi Peoples' Baptist Church, Inc. v. Texas Department of Human ResourcesDistrict Court, S.D. Texas · 1979
  4. Joseph L. v. Office of Judicial Support, Etc.District Court, E.D. Pennsylvania · 1981
  5. JOSEPH L. v. Office of Judicial SupportDistrict Court, E.D. Pennsylvania · 1986

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