Capital City Country Club, Inc. v. Tucker

Florida District Courts of Appeal
Capital City Country Club, Inc. v. Tucker, 580 So. 2d 789 (1991)
1991 Fla. App. LEXIS 3634; 1991 WL 60028
Ervin, Joanos, Miner

Capital City Country Club, Inc. v. Tucker

Opinion of the Court

PER CURIAM.

For a dollar per year, appellant, Capital City Country Club (CCCC), leases a 192-acre tract of land from the City of Tallahassee (City) on which it operates and maintains a private golf course. First, CCCC asserts that the property is exempt from ad valorem taxation because it paid an intangible property tax for its leasehold interest in the property. Second, CCCC contends that even if the property is subject to ad valorem and intangible property taxes, the appraiser erred in failing to deduct the value of CCCC’s leasehold interest from the fair market value of the property for purposes of calculating the ad valorem tax. We AFFIRM the judgment of the trial court and find that CCCC failed to show that the subject property was improperly taxed. See Section 196.199(2), Florida Statutes; Schultz v. TM Florida-Ohio Realty Ltd. Partnership, 577 So.2d 573 (Fla. 1991); Valencia Center v. Bystrom, 543 So.2d 214 (Fla. 1989); City of Orlando v. Hausman, 534 So.2d 1183 (Fla. 5th DCA 1988), review denied, 544 So.2d 199 (Fla. 1989); In re Advisory Opinion of the Governor, 509 So.2d 292 (Fla. 1987); Valencia Center, Inc. v. Publix Super Markets, 464 So.2d 1267 (Fla. 3d DCA), review denied, 475 So.2d 696 (Fla. 1985); Ryder Truck Rental, Inc. v. Bryant, 170 So.2d 822 (Fla. 1964).

AFFIRMED.

ERVIN, JOANOS and MINER, JJ., concur.

070rehearing

*790ON MOTION FOR REHEARING EN BANC OR MOTION TO CERTIFY THE QUESTION

PER CURIAM.

Appellant’s motion for rehearing en banc filed April 30, 1991, is denied. Appellant’s motion for certification of a question of great public importance, also filed April 30, 1991, is granted in part and denied in part. We amend the original opinion in this case to include the following certified question as one of great public importance:

IF IT IS CONSTITUTIONALLY PERMISSIBLE TO EXEMPT A NON-GOVERNMENT LEASEHOLD (BEING USED FOR OTHER THAN TAXABLE PURPOSES) FROM AD VALOREM TAXATION (BY RECLASSIFYING IT AS AN INTANGIBLE), WHICH AD VA-LOREM TAX TREATMENT IS CONSTITUTIONALLY CORRECT WITH REGARD TO THE GOVERNMENTAL LEASED FEE: TO TAX THE MUNICIPAL PROPERTY USED FOR PRIVATE PURPOSES AS AN UNEMCUMBERED FEE INTEREST, OR TO TAX THIS PROPERTY AS A DIVIDED INTEREST, EXCLUDING THE LESSEE’S INTEREST?

ERVIN, JOANOS and MINER, JJ., concur.

Reference

Full Case Name
CAPITAL CITY COUNTRY CLUB, INC., a corporation not for profit v. Katie TUCKER, Executive Director of the Florida Department of Revenue, Dick Brand, as Property Appraiser of Leon County, Florida, and John Chafin, as Tax Collector of Leon County, Florida
Cited By
1 case
Status
Published