Diffenderfer v. Central Baptist Church of Miami, Florida, Inc.

United States Supreme Court

404 U.S. 412

Diffenderfer et al.  v.  Central Baptist Church of Miami, Florida, Inc., et al.

Appeal from the United States District Court for the Southern District of Florida

No. 70-47  Argued: December 6, 1971 --- Decided: January 10, 1972

Appellants brought suit for declaratory and injunctive relief challenging under the Religion Clauses of the First Amendment, a Florida statute to the extent that it authorized a tax exemption for a church parking lot, inter alia, for commercial purposes.

Held: The subsequent repeal of the challenged statute and enactment of new legislation make the relief sought inappropriate. The District Court's judgment upholding the statute is vacated and the case is remanded with leave to appellants to amend their pleadings if they desire to attack the new statute or show that the old statute retains some force.

316 F. Supp. 1116, vacated and remanded.

Leo Pfeffer argued the cause for appellant Diffenderfer. With him on the brief were Richard Yale Feder, Irma Robbins Feder, and Melvin L. Wulf. Howard J. Hollander argued the cause and filed a brief for appellant Paul.

Charles M. Whelan argued the cause for appellee Central Baptist Church of Miami. With him on the brief were Herbert S. Sawyer, Karl B. Block, Jr., and William R. Consedine.

Franklin C. Salisbury and Noel H. Thompson filed a brief for Protestants and Other Americans United for Separation of Church and State as amicus curiae urging reversal. Robert L. Shevin, Attorney General of Florida, pro se, filed a memorandum.

PER CURIAM.

Notes