Landowners United Advocacy v. Cordova

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT July 31, 2020
_________________________________
Christopher M. Wolpert
Clerk of Court
LANDOWNERS UNITED ADVOCACY
FOUNDATION, INC.,
Plaintiff - Appellant,
v. No. 19-1126
(D.C. No. 1:16-CV-00603-PAB-SKC)
LU CORDOVA,1 in her official capacity as (D. Colo.)
Executive Director of the Colorado
Department of Revenue; MARCIA
WATERS, individually and in her official
capacity as Director of Colorado Division
of Real Estate; MARK WESTON,2
individually; PETER ERICSON,3
individually; MICHAEL S. HARTMAN,
individually,
Defendants - Appellees.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before HARTZ, McKAY**, and EID, Circuit Judges.
1
Pursuant to Federal Rule of Appellate Procedure 43, Executive Director Lu
Cordova was substituted for former Executive Director Michael Hartman in his
official capacity.
2
Mark Weston is no longer named in his official capacity because he retired as
the Program Manager for the Conservation Easement Program.
3
Peter Ericson is no longer named in his official capacity because he is no
longer a member of the Colorado Conservation Easement Oversight Commission.
*
This order and judgment is not binding precedent, except under the doctrines
of law of the case, res judicata, and collateral estoppel. It may be cited, however, for
its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
**
The late Honorable Monroe G. McKay heard oral argument in this appeal.
Judge McKay died before the Order and Judgment in this case was finalized, and he
cast no vote. “The practice of this court permits the remaining two panel judges if in
_________________________________
The plaintiff-appellee, Landowners United Advocacy Foundation (“LUAF”), is
a non-profit organization claiming that Colorado’s conservation easement tax credit
program violated the constitutional rights of its members. The district court
dismissed LUAF’s complaint for lack of subject matter jurisdiction, holding that
LUAF’s claims were barred by the Tax Injunction Act (“TIA”). We affirm.
I.
Colorado taxpayers may be entitled to a state income tax credit for donating a
conservation easement4 to a governmental entity or charitable organization. Colo.
Rev. Stat. § 39-22-522(2). To qualify for the tax credit, a taxpayer’s conservation
easement donation must meet strict statutory requirements and the conservation
easement must be accurately valued. Id. (incorporating 26 U.S.C. § 170(h) of the
internal revenue code). Taxpayers who claim these tax credits are eligible to receive
a dollar-for-dollar reduction in Colorado income taxes owed.
Colorado’s conservation easement tax credit program began in 2000. Since
then, multiple iterations of the statutory system have governed the program’s
administration. LUAF’s allegations relate solely to the pre-2014 statutory system.
agreement to act as a quorum in resolving the appeal.” United States v. Wiles, 106
F.3d 1516, 1516 n.* (10th Cir. 1997); see also 28 U.S.C. § 46(d) (noting that the
circuit court may adopt procedures permitting disposition of an appeal where a
remaining quorum of a panel agrees on the disposition). The remaining panel
members have acted as a quorum on this Order and Judgment.
4
A conservation easement is a permanent restriction that runs with the land for
the purpose of protecting and preserving the land in a predominantly natural, scenic,
or open condition. Colo. Rev. Stat. §§ 38-30.5-102, 38-30.5-103.
2
For conservation easements donated before 2014, there was no pre-approval
process. Colo. Rev. Stat. § 39-22-522(3.5)(a)(I). This meant that taxpayers would
have to donate their conservation easement without a guarantee that their tax credit
claim would be accepted. Consequently, some taxpayers donated their conservation
easement and later discovered that they were not entitled to a tax benefit.
LUAF is a Colorado non-profit organization that seeks to protect landowners’
rights. Many of LUAF’s members have had their conservation easement tax credits
challenged under the pre-2014 tax-credit-approval procedures. On behalf of these
affected members, LUAF asserted the following four claims against Colorado state
officials: (1) deprivation of equal protection, (2) violation of due process, (3)
violation of the Fifth Amendment Takings Clause, and (4) a request for declaratory
relief.
The district court dismissed LUAF’s complaint for lack of subject matter
jurisdiction, holding that LUAF’s claims were barred by the TIA. We conclude that
the district court lacked subject matter jurisdiction because of both the TIA and
principles of comity.
II.
We review de novo a district court’s dismissal for lack of subject matter
jurisdiction. Baca v. Colo. Dep’t of State, 935 F.3d 887, 905 (10th Cir. 2019). “The
party invoking federal jurisdiction has the burden to establish that it is proper.” Id.Enacted by Congress in 1937, the TIA “expressly [] restrict[s] the jurisdiction
of the district courts of the United States over suits relating to the collection of State
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taxes.” Hibbs v. Winn, 542 U.S. 88, 104 (2004) (quotations omitted). It provides
that federal “district courts shall not enjoin, suspend or restrain the assessment, levy
or collection of any tax under State law where a plain, speedy and efficient remedy
may be had in the courts of such State.” 28 U.S.C. § 1341. The TIA prevents district
courts from providing both injunctive and declaratory relief. California v. Grace
Brethren Church, 457 U.S. 393, 408 (1982).
Additionally, the comity doctrine, which the Supreme Court has described as
“more embracive than the TIA, . . . restrains federal courts from entertaining claims
for relief that risk disrupting state tax administration.” Levin v. Commerce Energy,
Inc., 560 U.S. 413, 417 (2010). Taxpayers bringing such claims for relief “must seek
protection of their federal rights by state remedies, provided . . . that those remedies
are plain, adequate, and complete.” Fair Assessment in Real Estate Ass’n, Inc. v.
McNary, 454 U.S. 100, 116 (1981) (“[The TIA], and the decisions of this Court
which preceded it, reflect the fundamental principle of comity between federal courts
and state governments that is essential to ‘Our Federalism,’ particularly in the area of
state taxation.”).
III.
The district court’s dismissal of LUAF’s claims for lack of jurisdiction is
supported by both the TIA and principles of comity.
A.
To determine whether the TIA requires dismissal for lack of subject matter
jurisdiction, federal courts must first determine whether the plaintiff seeks to “enjoin,
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suspend or restrain the assessment, levy or collection” of any state tax. Hibbs, 542
U.S. at 99. If that is the relief sought, the court must determine whether the state’s
courts provide a “plain, speedy and efficient” remedy. Hill v. Kemp, 478 F.3d 1236,
1246 (10th Cir. 2007). If they do, the federal court must dismiss the claim for lack of
jurisdiction. Id. Here, LUAF’s claims fall within the TIA’s jurisdictional bar.
First, LUAF seeks declaratory and injunctive relief that would enjoin or
restrain Colorado’s “assessment, levy, or collection” of taxes. For example, LUAF
seeks to enjoin Colorado from challenging the validity of conservation easement tax
credits where the conservation easement donor did not meet certain statutory
requirements. LUAF also seeks to prevent Colorado from challenging the validity of
the appraisals used to support the tax credits. A court order enjoining these
challenges to tax credits would prevent Colorado from assessing and collecting
income taxes based on invalid or overvalued tax credit claims. This would lower the
amount of tax revenue that Colorado could collect.
The declaratory relief sought by LUAF would have a similar effect. LUAF
seeks a declaration that Colorado has taken property without providing just
compensation because Colorado rejected claims for conservation easement tax
credits. Such a declaration would prevent Colorado from rejecting such claims in the
future—effectively restraining the assessment and collection of taxes that were
reduced by invalid conservation easement tax credits which should have been
rejected. In sum, the declaratory and injunctive relief sought by LUAF would
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prevent Colorado from collecting taxes that it would otherwise be entitled to.
Consequently, the relief sought falls within the TIA’s jurisdictional bar.
LUAF’s arguments to the contrary are unavailing. LUAF contends that the
Supreme Court’s opinion in Hibbs v. Winn prevents the TIA from applying here. 542
U.S. 88. In Hibbs, Arizona law authorized income-tax credits for payments made to
organizations that award scholarships and grants to children attending private
schools. Hibbs, 542 U.S. at 92. The plaintiffs brought an Establishment Clause
challenge seeking to prevent taxpayers from gaining the benefit of those tax credits.
Id. In effect, this challenge sought to increase state tax revenue by challenging a tax
credit that would have reduced taxes. Consequently, the Supreme Court held that the
TIA did not apply because the plaintiffs did not seek to enjoin the “assessment, levy,
or collection” of state taxes. Id. at 105–07. Unlike the plaintiffs in Hibbs who
sought to increase state tax revenue, LUAF seeks to reduce Colorado’s tax revenue
by restraining or enjoining the State’s ability to challenge conservation easement tax
credits. Thus, Hibbs does not apply to our case. Hill, 478 F.3d at 1250 (“Our case
. . . does not involve the somewhat unusual circumstance confronted by Hibbs of
citizens seeking to eliminate tax credits and ‘flog’ the State to collect more tax
revenues, but instead falls in the traditional heartland of TIA cases—an effort
expressly aimed at preventing the State from exercising its sovereign power to collect
certain revenues.”).
LUAF further argues that Hibbs excuses our case from the TIA’s jurisdictional
barrier because LUAF is a third party that is not challenging its own tax liability.
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But this court has already rejected a similar argument in Hill v. Kemp. 478 F.3d at
1249. There, we declared that “nothing in the language of the TIA indicates that our
jurisdiction to hear challenges to state taxes can be turned like a spigot, off when
brought by taxpayers challenging their own liabilities and on when brought by third
parties challenging the liabilities of others.” Id. Additionally, LUAF is not clearly a
third party; it has standing in this case only because it brought claims on behalf of its
taxpayer members.
Second, LUAF and its members have access to “a plain, speedy and efficient
remedy” in Colorado state courts. Before declining federal jurisdiction under the
TIA, federal courts must decide whether the state “affords a plain, speedy and
efficient remedy in its courts for those seeking to challenge its taxes.” Hill, 478 F.3d
at 1253. The state court remedy need only meet “certain minimal procedural
criteria.” Grace Brethren Church, 457 U.S. at 411. The state meets these minimal
criteria as long as it “provides the taxpayer with a ‘full hearing and judicial
determination’ at which she may raise any and all constitutional objections to the
tax.” Id.Here, Colorado courts provide a “plain, speedy and efficient remedy.” Under
Colorado’s statutory scheme, if a conservation easement tax credit is denied,
taxpayers can appeal the denial and receive an administrative hearing. Colo. Rev.
Stat. §§ 39-22-522(3.5)(a), 39-21-103(3). Taxpayers can further appeal a negative
ruling to a state district court for a de novo review, id. § 39-21-105(2)(b), and that
district court’s ruling is appealable to the Colorado Court of Appeals and ultimately
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the Colorado Supreme Court, id. § 39-21-105(8)(a). Colorado thus provides an
adequate remedy under the TIA. See Grace Brethren Church, 457 U.S. at 413–14
(holding an adequate remedy existed where plaintiffs could “file an action in
Superior Court . . . raising all arguments against the validity of the tax” and, if
unsuccessful, could appeal to higher state courts).
B.
Principles of comity also support the district court’s dismissal for lack of
jurisdiction. The comity doctrine prevents federal courts from entertaining § 1983
claims for relief that “risk disrupting state tax administration.” Levin, 560 U.S. at
417. Taxpayers bringing such claims for relief “must seek protection of their federal
rights by state remedies, provided . . . that those remedies are plain, adequate, and
complete.” McNary, 454 U.S. at 116.
For the same reasons stated in the above TIA analysis, LUAF’s claims “risk
disrupting state tax administration,” and Colorado’s courts provide a “plain,
adequate, and complete” remedy. Accordingly, the comity doctrine also supports the
district court’s dismissal for lack of jurisdiction.
C.
LUAF argues that barring federal jurisdiction over its takings claim would
conflict with the Supreme Court’s decision in Knick v. Township of Scott,
Pennsylvania, 139 S. Ct. 2162 (2019). In Knick, the Court overruled its prior
decision that property owners must “seek just compensation under state law in state
court before bringing a federal takings claim under § 1983.” Knick, 139 S. Ct. at
8
2169 (overruling Williamson Cty. Reg’l Planning Comm’n v. Hamilton Bank of
Johnson City, 473 U.S. 172, 195 (1985)). Knick disagreed with Williamson County’s
view “that a property owner does not have a ripe federal takings claim until he has
unsuccessfully pursued an initial state law claim for just compensation.” Id. at 2178.
Instead, Knick concluded that a property owner has “an actionable Fifth Amendment
takings claim when the government takes his property without paying for it.” Id. at
2167. Therefore, the property owner may bring his takings claim “in federal court
under § 1983 at that time.” Id. at 2168.
Contrary to LUAF’s argument, Knick does not prevent the TIA and comity
principles from barring federal jurisdiction here. First, our decision does not
contradict Knick’s holding that a property owner may ordinarily bring a takings claim
in federal court “as soon as a government takes his property for public use without
paying for it.” Id. at 2170. Instead, we hold only that the TIA and comity principles
bar federal jurisdiction over claims, like LUAF’s, that “risk disrupting state tax
administration” where an adequate state remedy exists. Levin, 560 U.S. at 417.
Furthermore, our conclusion is not altered because a constitutional right is at
issue. The Supreme Court has held that both the TIA and the comity doctrine bar
federal jurisdiction over constitutional challenges to the administration of state tax
laws. McNary, 454 U.S. at 105 (holding that comity barred federal jurisdiction where
plaintiffs brought a § 1983 claim alleging that Missouri tax laws had deprived them
of equal protection and due process of law); Grace Brethren Church, 457 U.S. at 408(concluding “that the [TIA] also prohibits a district court from issuing a declaratory
9
judgment holding state tax laws unconstitutional” where plaintiffs allege a violation
of the Establishment and Free Exercise Clauses of the First Amendment); Levin, 560
U.S. at 419 (holding that comity required plaintiffs’ claim to proceed originally in
state court where plaintiffs alleged “discriminatory taxation in violation of the
Commerce and Equal Protection Clauses”).
In McNary, the Court specifically weighed the jurisdictional barriers of comity
and the TIA against the Court’s precedent that “where § 1983 is involved, . . . a
litigant challenging the constitutionality of any state action may proceed directly to
federal court.” McNary, 454 U.S. at 105. Weighing these competing considerations,
McNary held that “the principle of comity controls” in a § 1983 challenge to the
administration of state tax laws. Id. Accordingly, the plaintiffs were required to
“seek protection of their federal [constitutional] rights by state remedies.” Id. at 116.
Although none of these cases involved a takings claim like the one LUAF
asserts, this is not a meaningful distinction because Knick sought to put takings
claims on equal footing with “other constitutional claim[s] [] guaranteed a federal
forum under § 1983.” Knick, 139 S. Ct. at 2169–70 (“overruling Williamson County
and restoring takings claims to the full-fledged constitutional status the Framers
envisioned when they included the Clause among the other protections in the Bill of
Rights”). Accordingly, we treat takings claims the same as other constitutional
claims as they relate to the TIA and comity. See Lawyer v. Hilton Head Pub. Serv.
Dist. No. 1, 220 F.3d 298, 306 (4th Cir. 2000) (concluding that comity and the TIA
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barred plaintiffs’ takings claim from proceeding in federal court where the claim
challenged a state tax).
IV.
For these reasons, the TIA and comity principles prohibit the district court
from exercising jurisdiction over LUAF’s claims. We therefore AFFIRM the district
court’s dismissal for lack of subject matter jurisdiction under Federal Rule of Civil
Procedure 12(b)(1).
Entered for the Court
Allison H. Eid
Circuit Judge
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