(DOWNLOAD) "Angel v. Commonwealth of Kentucky" by the United States Court of Appeals for the Tenth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Angel v. Commonwealth of Kentucky
- Author : the United States Court of Appeals for the Tenth Circuit
- Release Date : January 23, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Joyce K. Angel filed suit on behalf of herself and all others similarly situated, challenging the fee charged by the Commonwealth of Kentucky for the use of a parking placard available to disabled persons. Angel claims that these fees are "illegal surcharges" under Title II of the Americans with Disabilities Act (ADA). Kentucky, on the other hand, argues that the nominal fee is actually a tax, which divests the federal courts of jurisdiction pursuant to the Tax Injunction Act (TIA). Alternatively, the state contends that Angels suit against it is barred by the Eleventh Amendment to the United States Constitution. The district court granted the states motion to dismiss Angels complaint on the basis that the court lacked jurisdiction under the TIA. Although we have grave doubts concerning the applicability of the TIA to the present case, we nevertheless AFFIRM the judgment of the district court on the basis of the states Eleventh Amendment immunity.
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