Legal Opinion

Murray v. McDonald

District Court, D. Vermont

Decided December 12, 1997No. 2:95-cv-00379PublishedCited by 6 opinions

1Opinion of the Court

OPINION AND ORDER

SESSIONS, District Judge.

In this suit for declaratory and injunctive relief brought under 42 U.S.C. § 1983, Plaintiff taxpayers claim that the Defendant Commissioner of Motor Vehicle’s (“Commissioner’s”) refusal to pay interest on refunds of wrongfully collected motor vehicle use taxes violates the Just Compensation Clause of the Fifth Amendment and the Due Process Clause of the Fifth and Fourteenth Amendments. The Commissioner has moved to dismiss the suit, claiming that the Tax Injunction Act, 28 U.S.C. § 1341, deprives this Court of jurisdiction over the claim. For the…

2Cases cited23 opinions

  1. Fair Assessment in Real Estate Assn., Inc. v. McNarySupreme Court of the United States · 1981
  2. Rosewell v. LaSalle National BankSupreme Court of the United States · 1981
  3. California v. Grace Brethren ChurchSupreme Court of the United States · 1982
  4. Matthews v. RodgersSupreme Court of the United States · 1932
  5. Tully v. Griffin, Inc.Supreme Court of the United States · 1976

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3Cited by6 opinions

  1. IN THE MATTER OF THE ASSESSMENTS FOR TAX YEAR 2012 OF CERTAIN PROPERTIESSupreme Court of Oklahoma · 2021
  2. MURRAY v. McDONALDCourt of Appeals for the Second Circuit · 1998
  3. Logal v. MillerDistrict Court, N.D. Indiana · 2005
  4. Murray v. McDonaldCourt of Appeals for the Second Circuit · 1998
  5. IN THE MATTER OF THE ASSESSMENTS FOR TAX YEAR 2012 OF CERTAIN PROPERTIESSupreme Court of Oklahoma · 2021

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