Legal Opinion · Dissent

South Iowa Methodist Homes, Inc. v. Board of Review

Supreme Court of Iowa

Decided July 29, 1965No. 51737Published

1DissentGarfield, C. J.

— I must respectfully dissent.

The narrow point to be decided is the meaning of the word “used” in section 427.1(9). The exemption is to “all grounds and buildings used by” the listed organizations. It is evident the plaintiff must base its claim here upon the contention that it is a “charitable” society or institution, and it is not contended otherwise.

The majority suggests there is considerable merit in the argument the statute is so plain and free from doubt or ambiguity that there is no room for construction. I cannot agree. What is a “use” for the designated purposes has been discussed in…

2Cases cited15 opinions

  1. Cedars of Lebanon Hospital v. County of Los AngelesCalifornia Supreme Court · 1950
  2. Village of Hibbing v. Commissioner of TaxationSupreme Court of Minnesota · 1944
  3. Mullen v. Commissioners of Erie CountySupreme Court of Pennsylvania · 1877
  4. Dougherty v. City of PhiladelphiaSuperior Court of Pennsylvania · 1933
  5. Fischer Artificial Ice & Cold Storage Co. v. Iowa State Tax CommissionSupreme Court of Iowa · 1957

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