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Suit Challenging Illinois Grant To Rebuild Church Remanded To State Court

By Howard M. Friedman

In Sherman v. Blagojevich, 2008 U.S. Dist. LEXIS 89237 (CD IL, Nov. 4, 2008), an Illinois taxpayer sued the governor and other Illinois state officials challenging a state program that authorized the grant of $ 1,000,000 for the reconstruction of the Pilgrim Baptist Church and related buildings that were destroyed in a 2006 fire. The suit alleged violations of the Establishment Clause and of the Illinois constitution. The suit was originally filed in state court, but was removed to federal district court upon motion of the governor. In this decision, the federal court (upon motion of one of the other defendants) remanded the case to state court because plaintiff lacks taxpayer standing to pursue the claim in federal court. (See prior related posting.)

Full post as published by Religion Clause on November 06, 2008 (boomark / email).