Duncan Lawrence Groner
Judge Groner no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Groner decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Groner adhered to an established rule of law despite acknowledging strong equitable considerations favoring the other side.
“to do so would involve the setting aside of an established rule of law and the introduction of uncertainty and doubt in its place”
He looked to the substance and charitable use of property rather than separate nonprofit corporate forms when applying a tax exemption.
“everything that appears indicates that the use of the property by the charity should be the controlling factor.”
Groner applied the settled rule that a discharge in bankruptcy extinguishes the debt itself, so partial payments do not revive it absent an express new promise.
“the effect of a discharge in bankruptcy is to extinguish a pre-existing debt and not merely to bar the remedy.”
Procedural preferences
Groner required a complete evidentiary record before resolving a tax question that turned on the terms of a property-transfer agreement.
“the facts in relation .to the contract are only sketchily referred to in the findings”
He treated a post-bankruptcy debt as revived only by a clear, express new promise rather than by implication from partial payment.
“In order to revive a liability on a debt discharged in bankruptcy, there must be an express promise to pay the specific debt.”
Groner read a local equity rule permitting a late statement of evidence to be struck as preserving the trial court's discretion, not as a mandatory duty that would defeat a hearing on the merits.
“the words "may be" were intended to preserve a discretion in the court rather than to impose upon the court, even without motion on the part of the other party, the absolute duty, under any and every circumstance of default in time, to strike the statement from the record.”
He cautioned that cross-motions for summary judgment do not concede away disputed facts; each movant only asserts that no issue exists on its own legal theory.
“the mere fact that both the plaintiff and defendant move for summary judgment does not assure that there is no issue of material fact to be resolved.”
Cautions
Groner treated potentially false bankruptcy schedules and testimony as serious enough to warrant referral for investigation beyond disposition of the appeal.
“the measure of guilt of all concerned should be determined in the interest of justice”
He read the religious-property exemption without denominational distinctions where the activities were bona fide religious work.
“Congress had the slightest idea of discriminating as between denominations, nor, as we have seen, has it done so.”
He warned that judicial interference with the routine internal duties of the executive departments should not be indulged.
“interference by the courts with the routine duties of the executive departments would be productive of nothing but mischief and ought not to be indulged.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Modified and affirmed, and remanded for further proceedings.”
“The decision of the Board is therefore affirmed.”
“Reversed and remanded for a new trial in accordance with this opinion.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Groner no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.