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Good Samaritan Hospital Ass'n v. Glander

The Good Samaritan Hospital Assn. of Sandusky, Ohio, Appellant, v. Glander, Tax Commr., Et Al., Appellees

Good Samaritan Hosp. Ass'n v. Glander, 99 N.E.2d 473 (Ohio 1951)
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Court
Ohio Supreme Court · State Highest Courts
Decided
May 31, 1951
Docket
No. 32533
Judges
Weygandt, Zimmerman, Matthias, Stewart, Middleton, Taft, Hart
Citations
99 N.E.2d 473155 Ohio St. 507155 Ohio St. (N.S.) 50744 Ohio Op. 4521951 Ohio LEXIS 602

Opinion of the Court — Per Curiam

Per Curiam.

As the record discloses that since on and before tax-lien day 1950 the property in question, acquired by appellant for use for a charitable purpose, was undergoing repairs and remodeling to condition it for the charitable use for which it was acquired, and there being nothing in the record to show that during such time it had been used for a noneharitable pur *509 pose, the Board of Tax Appeals was in error in denying the exemption. Its decision is unlawful and unreasonable and is, therefore, reversed.

Decision reversed.

Stewart, Middleton, Taft and Hart, JJ., concur.

Dissent — Weygandt

Weygandt, C. J., Zimmerman and Matthias, JJ.,

dissenting. Prospective use of property for an exempted purpose does not warrant its present exemption from taxation. Incorporated Trustees of Gospel Worker Society v. Evatt, Tax Commr., 140 Ohio St., 185 , 42 N. E. (2d), 900; Pfeiffer et al., Trustees of Akron Public Library, v. Jenkins et al., Board of Tax Appeals, 141 Ohio St., 66 , 46 N. E. (2d), 767; Ursuline Academy of Cleveland v. Board of Tax Appeals, 141 Ohio St., 563 , 49 N. E. (2d), 674; and Welfare Federation of Cleveland v. Glander, Tax Commr., 146 Ohio St., 146 , 64 N. E. (2d), 813.

Combined text as published — syllabus, headnotes and all opinions in one document

99 N.E.2d 473 (1951) 155 Ohio St. 507

GOOD SAMARITAN HOSPITAL ASS'N OF SANDUSKY

v.

GLANDER, Tax Com'r, et al.

No. 32533.

Supreme Court of Ohio.

May 31, 1951.

B. G. Zeiher, Sandusky, for appellant.

C. William O'Neill, Atty. Gen., William E. Didelius, Prosecuting Atty., Sandusky, and Robert E. Leach, Columbus, for appellees.

PER CURIAM.

As the record discloses that since on and before tax-lien day 1950 the property in question, acquired by appellant for use for a charitable purpose, was undergoing repairs and remodeling to condition it for the charitable use for which it was acquired, and there being nothing in the record to show that during such time it had been used for a noncharitable purpose, the Board of Tax Appeals was in error in denying the exemption. Its decision is unlawful and unreasonable and is, therefore, reversed.

Decision reversed.

STEWART, MIDDLETON, TAFT and HART, JJ., concur.

WEYGANDT, Chief Judge, ZIMMEMAN and MATTHIAS, JJ., dissenting.

Prospective use of property for an exempted purpose does not warrant its present *474 exemption from taxation. Incorporated Trustees of Gospel Worker Society v. Evatt, Tax Comm'r, 140 Ohio St. 185 , 42 N.E.2d 900 ; Pfeiffer et al., Trustees of Akron Public Library, v. Jenkins et al., Board of Tax Appeals, 141 Ohio St. 66 , 46 N.E.2d 767 ; Ursuline Academy of Cleveland v. Board of Tax Appeals, 141 Ohio St. 563 , 49 N.E.2d 674 ; and Welfare Federation of Cleveland v. Glander, Tax Comm'r, 146 Ohio St. 146 , 64 N.E.2d 813 .

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1951: 21959: 11961: 11964: 11966: 11970: 11975: 119512026peak 1951 · 2

Relies on it most ⓘ

  1. Hedgecroft v. City of Houston244 S.W.2d 632 (Tex. 1951)
  2. Maxwell v. Good Samaritan Hospital Ass'n161 So. 2d 31 (Fla. Dist. Ct. App. 1964)
  3. In re Tax Exemption ex rel. Dana W. Morey Foundation256 N.E.2d 232 (Ohio Ct. App. 1970)
  4. Philada Home Fund v. Board of Tax Appeals214 N.E.2d 431 (Ohio 1966)
  5. Society of St. Vincent DePaul v. Department of Revenue537 P.2d 69 (Or. 1975)
  6. In re Ohave Scholem Congregation for Exemption of Real Property from Taxation156 Ohio St. (N.S.) 183 (1951)

Most recent

  1. Society of St. Vincent DePaul v. Department of Revenue537 P.2d 69 (Or. 1975)
  2. In re Tax Exemption ex rel. Dana W. Morey Foundation256 N.E.2d 232 (Ohio Ct. App. 1970)
  3. Philada Home Fund v. Board of Tax Appeals214 N.E.2d 431 (Ohio 1966)
  4. Maxwell v. Good Samaritan Hospital Ass'n161 So. 2d 31 (Fla. Dist. Ct. App. 1964)
  5. Holy Trinity Protestant Episcopal Church v. Bowers172 Ohio St. (N.S.) 103 (1961)
  6. Carney v. Cleveland City School District Public Library169 Ohio St. (N.S.) 65 (1959)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Inc. Trs. of the Gospel Worker Soc'y v. Evatt, 42 N.E.2d 900 (Ohio 1942) 27
Ursuline Acad. v. Bd. of Tax Appeals, 49 N.E.2d 674 (Ohio 1943) 24
Welfare Fed'n v. Glander, 64 N.E.2d 813 (Ohio 1945) 19
Pfeiffer v. Jenkins, 46 N.E.2d 767 (Ohio 1943) 15

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