Oak Ridge Hospital of Methodist Church, Inc. v. City of Oak Ridge

• Citation: 57 Tenn.App. 487,420 S.W.2d 583
• Decision Date: 30 March 1967
• Docket Number: No. 14,14
• Parties: The OAK RIDGE HOSPITAL OF the METHODIST CHURCH, INC., Appellee, v. CITY OF OAK RIDGE, Tennessee, Appellant (3 suits). The OAK RIDGE HOSPITAL OF the METHODIST CHURCH, INC., Appellee, v. COUNTY OF ANDERSON, Tennessee, Appellant (2 suits).
• Court: Court of Appeals of Tennessee

Page 583

420 S.W.2d 583

57 Tenn.App. 487

The OAK RIDGE HOSPITAL OF the METHODIST CHURCH, INC., Appellee, v. CITY OF OAK RIDGE, Tennessee, Appellant (3 suits).

The OAK RIDGE HOSPITAL OF the METHODIST CHURCH, INC., Appellee, v. COUNTY OF ANDERSON, Tennessee, Appellant (2 suits).

No. 14.

Court of Appeals of Tennessee, Eastern Section.

March 30, 1967.

Certiorari Denied by Supreme Court Nov. 6, 1967.

Luther M. Reed, Oak Ridge, for City of Oak Ridge.

Harry Lillard, Oak Ridge, for Anderson County.

David E. Rodgers and Jackson C. Kramer, Knoxville, for The Oak Ridge Hospital of the Methodist Church, Inc.

OPINION

PARROTT, Judge.

These suits concern the tax exempt status of two tracts of property in Oak Ridge, Tennessee, owned by Oak Ridge Hospital of the Methodist Church, Inc. The hospital initiated these suits in the chancery court by filing original bills against the City of Oak Ridge and Anderson County seeking a refund of ad valorem taxes which were paid under protest for the years in question. From the Chancellor's decree holding the properties were not subject to taxes, Anderson County and City of Oak Ridge have appealed to this Court.

The facts in the cases are undisputed and come to this Court in the form of a stipulation. It is admitted that the hospital is a general welfare corporation and its property is entitled to a tax exempt status under the provision of T.C.A. 67--502(2) so long as its property meets the terms of the statute.

Since there are two tracts of property involved (Parcel 384 and 385A) and the problems pertaining to them are quite different, in an effort to obtain clarity, we will consider the two tracts separately.

Considering Parcel 384 first, we find that in June 1960 the hospital acquired from the United States of America, Parcels 384A and 384 as identified by the city plat and records. At the time of this transfer and now, the hospital building was located on Parcel 384A which is not involved in this litigation.

In the latter part of 1961, construction was commenced on Parcel 384 of a Medical Arts Building which was to be used in the future to house doctors' offices. The building was completed and ready for use in March 1962. For the year 1962 both the city and county levied an ad valorem assessment on Parcel 384 and the partially completed Medical Arts Building. The hospital paid these taxes under protest and filed these suits against the county and city seeking refunds.

In the original bills it was alleged that on January 10th, the effective date of the assessment, the building was not completed or in use. Therefore, it should be permitted to retain its tax exempt status through the year 1962.

In the answers of the City and County it is admitted the building was not completed on January 10, 1962, but it is averred that the State Board of Equalization on October 1, 1962, approved the assessment and ruled the property was taxable and contends this ruling is final and conclusive so as to be a bar to these suits. The answers further aver that even though the building was still under construction and not ready for use on January 10th, the property was subject to assessment because it was no longer being used for purposes which would entitle a tax exemption.

We disagree with appellant's contention the Board of Equalization's findings were final and conclusive so as to bar these suits. It has long been the rule that the action of the Board of Equalization upon matters other than valuation are subject to judicial review. The question of whether or not this property would enjoy a tax exemption is purely a question of law and addresses itself to the courts of this state. Tennessee Mining and Mfg. Co. v. Cooper, 176 Tenn. 229, 140 S.W.2d 411; City of Nashville v. State Board of Equalization, 210 Tenn. 587, 360 S.W.2d 458.

It is our opinion the question of whether this property is subject to taxes for the year 1962 is controlled by the decision of our Supreme Court in the case of Mid-State Baptist Hospital, Inc. v. City of Nashville, 211 Tenn. 599, 366 S.W.2d 769. Chief Justice Burnett, speaking for the Court in an unanimous opinion, made it clear that the taxable day in Tennessee is January 10th of each year (T.C.A. 67--606) and the use of property on that day determines whether or not it is subject to tax. In the opinion of that case there is quoted with approval from the case of New Orleans Bank and Trust Co. v. City of New Orleans, 176 La. 946, 147 So. 42, as follows:

"The taxable status of property relates to a certain day in each year. There must be some day of the year as of which the power to tax property at all is determined. That day fixes the power to tax with reference to whether the property was exempt from taxation on that date. If the property is exempt on the tax day, it is not liable for taxes during that fiscal year, although it afterwards goes into the hands of those not exempt."

The opinion makes it clear that use, not intention, is what determines whether property will be subject to taxation. At page 607, 366 S.W.2d at page 773 we find the following:

'* * * when property thus immune has been put back into competition with other properties by someone receiving rents, etc., from the propertyThe logic of the situation is that until this property is thus in a position to be used in competition with other properties, it should hold its immunity from taxation until this happens.'

Since it is stipulated that the building was not completed and in use on January 10, 1962, and the property was never assessed for taxes and was continuously treated as exempt for prior years as in Mid-State Baptist Hospital, Inc. v. City of Nashville, supra, we must concur in the Chancellor's finding and decree that Parcel 384 was not subject to taxation by either the county or city for the year 1962.

Turning now to Parcel 385A which is vacant unimproved property situated in close proximity to the hospital. It appears from the record this property has been continuously assessed for taxes and treated as non-exempt. The rule of Mid-State Baptist Hospital v. City of Nashville, supra, would not apply. We cannot...