The United States Court of Appeals Decision

By William W. Pepper Sr.

The United States Court of Appeals for the Third Circuit recently upheld a lower federal court decision dismissing discrimination claims against the City of Dover in connection with the 2010 reassessment of real estate. The Court held that the Tax Injunction Act precluded federal courts from hearing the claims when Delaware state courts could have provided a remedy for any alleged discrimination.

The Third Circuit is one of thirteen courts of appeal in the United States federal judicial system. It is one step below the Supreme Court of the United States. The Third Circuit hears appeals from the lower federal courts sitting in Delaware, New Jersey, Pennsylvania and the U.S. Virgin Islands.

William W. Pepper Sr. represented the City of Dover in the litigation. He joined Schmittinger and Rodriguez in August 1985 and has served as deputy solicitor for the City of Dover since May 1989.