IN THE MATTER OF ETERNAL FLAME OF HOPE MINISTRIES, INC. v. KING, 16 N.Y.3d 778 (2011)
Court: Court of Appeals of New York
Number: innyco20110222372
Visitors: 24
Filed: Feb. 22, 2011
Latest Update: Feb. 22, 2011
Summary: OPINION OF THE COURT MEMORANDUM. The order of the Appellate Division should be affirmed with costs. Because petitioner is a religious organization utilizing the subject property to further the religious purposes for which it was organized, petitioner is entitled to a real property tax exemption for the property ( see RPTL 420-a [1] [a]). The Town has not demonstrated an existing zoning violation so as to bar the exemption ( cf. Matter of Oxford Group-Moral Re-Armament, MRA, Inc. v Allen, 3
Summary: OPINION OF THE COURT MEMORANDUM. The order of the Appellate Division should be affirmed with costs. Because petitioner is a religious organization utilizing the subject property to further the religious purposes for which it was organized, petitioner is entitled to a real property tax exemption for the property ( see RPTL 420-a [1] [a]). The Town has not demonstrated an existing zoning violation so as to bar the exemption ( cf. Matter of Oxford Group-Moral Re-Armament, MRA, Inc. v Allen, 30..
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OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Division should be affirmed with costs.
Because petitioner is a religious organization utilizing the subject property to further the religious purposes for which it was organized, petitioner is entitled to a real property tax exemption for the property (see RPTL 420-a [1] [a]). The Town has not demonstrated an existing zoning violation so as to bar the exemption (cf. Matter of Oxford Group-Moral Re-Armament, MRA, Inc. v Allen, 309 N.Y. 744 [1955]).
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.
Source: Leagle
