Good Samaritan Hospital Ass'n v. Glander

Ohio Supreme Court
Good Samaritan Hospital Ass'n v. Glander, 99 N.E.2d 473 (Ohio 1951)
155 Ohio St. 507; 155 Ohio St. (N.S.) 507; 44 Ohio Op. 452; 1951 Ohio LEXIS 602
Weygandt, Zimmerman, Matthias, Stewart, Middleton, Taft, Hart

Good Samaritan Hospital Ass'n v. Glander

Opinion of the Court

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*509pose, 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.

Dissenting Opinion

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.

Reference

Full Case Name
The Good Samaritan Hospital Assn. of Sandusky, Ohio, Appellant, v. Glander, Tax Commr., Et Al., Appellees
Cited By
9 cases
Status
Published