Legal Opinion · Concurrence

First Baptist Church of San Antonio v. Bexar County Appraisal Review Board

Texas Supreme Court

Decided June 10, 1992No. D-0689Published

1ConcurrenceCook, Justice

Today the court adopts a reasonable and practical approach to the problem of determining primary use of a place of religious worship. It is a fair approach, one which does not stretch the exemption beyond the constitutional limit or beyond the intent of the legislature. It is an approach which offers appraisal districts common sense guidance to the task of applying the concept of “primary use.” And it does not, as the dissent would do, confine the exemption so narrowly as to eradicate it altogether.

Many states have grappled with the definition of “use” in statutes similar to ours. Most of…

2Cases cited6 opinions

  1. Diffenderfer v. Central Baptist Church of Miami, Florida, Inc.Supreme Court of the United States · 1972
  2. Harris v. City of Fort WorthTexas Supreme Court · 1944
  3. Church Divinity School of Pacific v. County of AlamedaCalifornia Court of Appeal · 1957
  4. Central Baptist Church of Miami, Fla., Inc. v. Dade CountySupreme Court of Florida · 1968
  5. Lutherans Outdoors in South Dakota, Inc. v. South Dakota State Board of EqualizationSouth Dakota Supreme Court · 1991

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