Legal Opinion

Appeal of Springmoor, Inc.

Supreme Court of North Carolina

Decided April 3, 1998No. 79PA97PublishedCited by 13 opinions

1Opinion of the Court

FRYE, Justice.

The issue in this case is whether N.C.G.S. § 105-275(32) is unconstitutional and, if so, whether the allegedly unconstitutional sub-part (v) may be severed, allowing the remainder of the statute to stand.

Springmoor, Inc. (Springmoor) is a nonprofit North Carolina corporation which manages and operates a self-contained residential community for the elderly, also called Springmoor, in Raleigh, North Carolina. Springmoor leases all of the real property on which it is located from Ammons, Inc. (Ammons) under a lease which provides that Springmoor will pay all ad valorem taxes…

2Cases cited21 opinions

  1. Lemon v. KurtzmanSupreme Court of the United States · 1971
  2. Walz v. Tax Comm'n of City of New YorkSupreme Court of the United States · 1970
  3. F. S. Royster Guano Co. v. VirginiaSupreme Court of the United States · 1920
  4. Larson v. ValenteSupreme Court of the United States · 1982
  5. Bob Jones University v. United StatesSupreme Court of the United States · 1983

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3Cited by13 opinions

  1. State v. WebbSupreme Court of North Carolina · 2004
  2. Chittenden v. Waterbury Center Community Church, Inc.Supreme Court of Vermont · 1998
  3. In Re the Appeal of Chapel Hill Day Care Center, Inc.Court of Appeals of North Carolina · 2001
  4. State v. BrightSupreme Court of North Carolina · 1987
  5. Freedom from Religion Foundation, Inc. v. LewDistrict Court, W.D. Wisconsin · 2013

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