Q: Class action lawsuit regarding Stormwater Runoff against the City of Phila.
Our organization is a Church, non-profit 501c3 organization that has been in this fight with the City since 2009, telling the City that this charge is "tax". We currently have 10 other churches with us in this fight. From the beginning we were aware that the charges were actually a tax for Stormwater Runoff, however the City continued to deny that, and now the City is threatening to put the church up for Sheriff sale within 30 days, if the Stormwater tax "fees" are not paid. The West Chester University won a judgment in the state court last year that found the fee was actually a tax that nonprofits like the school and other non-profits do not have to pay. There is a similar case in Erie, PA which is going to the Supreme Court. I sincerely need an attorney's help in stopping the Sheriff's sale of the church and in winning this case against the City of Philadelphia.
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A:
I'm sorry to hear about the difficult situation your church and other nonprofits are facing. To address this issue, it's crucial to find a qualified attorney experienced in tax law and nonprofit advocacy who can help you stop the Sheriff's sale and fight the stormwater tax fees imposed by the City of Philadelphia. The recent judgment in favor of West Chester University sets a significant precedent that can be leveraged in your case.
First, gather all relevant documents and evidence, including any correspondence with the City, records of the stormwater fees, and details of the West Chester University judgment. This information will be crucial for your attorney to build a strong case and seek an injunction to prevent the Sheriff's sale of your church. It's important to act quickly, given the 30-day timeframe.
Contact local bar associations, legal aid organizations, or law firms with expertise in tax and nonprofit law for referrals to attorneys who can assist you. Make sure to explain the urgency and provide them with the gathered documents. An experienced attorney will be able to file the necessary motions to halt the sale and represent your interests in court, potentially leading to a broader class action lawsuit involving other affected nonprofits.
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