Lowe

Lowe v. Washoe County

Good Law
627 F.3d 1151·2010 WL 5128076·2010 U.S. App. LEXIS 25618
United States Court of Appeals for the Ninth CircuitDecember 16, 201009-15759California2,604 words

Opinion

Opinion

Graber, J.

Plaintiffs Todd Lowe, Janet Lowe, Tom Henderson, Nancy Henderson, J. Robert Anderson, Carole Anderson, Dean Ingemanson, Kathy Nelson, and Arthur Berliner own residential real property in Incline Village and Crystal Bay, which are communities located on the North Shore of Lake Tahoe in Washoe County, Nevada. As the putative representatives of a class of approximately 9,000 Incline Village and Crystal Bay property owners, the nine plaintiffs filed a complaint under 42 U.S.C. § 1983 in federal district court against Defendants Washoe County, Washoe County Assessor Josh Wilson, and Washoe County Treasurer Bill Berrum. Plaintiffs allege that the valuation of their Nevada real property used to calculate their ad valorem property taxes for the 2008-09 taxable year violated both the Nevada Constitution and the Due Process Clause of the U.S. Constitution. They seek declaratory, injunctive, and other appropriate relief. The district court dismissed the complaint for lack of subject matter jurisdiction pursuant to the Tax Injunction Act (the “Act”), 28 U.S.C. § 1341 , because a “plain, speedy and efficient remedy” is available in state court. Reviewing de novo, A-1 Ambulance Serv.,…

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