Appeal of Emissaries of Divine Light

669 A.2d 802, 140 N.H. 552, 1995 N.H. LEXIS 189
CourtSupreme Court of New Hampshire
DecidedDecember 27, 1995
DocketNo. 94-291
StatusPublished
Cited by3 cases

This text of 669 A.2d 802 (Appeal of Emissaries of Divine Light) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Appeal of Emissaries of Divine Light, 669 A.2d 802, 140 N.H. 552, 1995 N.H. LEXIS 189 (N.H. 1995).

Opinion

THAYER, J.

The taxpayer, the Emissaries of Divine Light, appeals an order of the New Hampshire Board of Tax and Land Appeals (board) awarding it a partial exemption from property taxes for the 1990 and 1991 tax years. The taxpayer argues that it is entitled to full tax exemption and that apportionment is inappropriate in religious exemption cases. It also argues that the board violated its first amendment rights under the Federal Constitution. We affirm.

The taxpayer is a religious organization located in Epping. The taxpayer owns a number of parcels of real estate, referred to collectively as Green Pastures. The property contains a chapel, classrooms, administrative offices, a parsonage, multi-unit residential buildings, dormitories, a dining hall, agricultural buildings, and support buildings. The property also contains agricultural land, wooded, lots, and vacant land.

The board found that the taxpayer’s property was used by members who lived and worked on the property, by visitors and students whose use of the property related to the taxpayer’s religious programs, by members and visitors whose use did not relate to the taxpayer’s religious programs, and by members who lived on the property but worked outside the community and paid rent to the taxpayer. The board also found that some of the members worked on the taxpayer’s agricultural land and used the food they produced.

Based on those findings, the board ruled that only certain portions of the taxpayer’s property were exempt. It rejected the taxpayer’s argument that its property was a tax-exempt “monastery” for purposes of RSA 72:23, III (1991) (amended 1994). The board ruled that the chapel, the dining hall (in 1990), the administrative building, the parsonage, a classroom building, and the land appurtenant to those buildings were used principally for religious purposes and therefore were exempt from taxation under RSA 72:23, III. In contrast, the board ruled that the remaining portions of the property — including the residences, agricultural land, support buildings, and vacant land — were not used principally for religious purposes and were therefore not tax-exempt.

The board denied the taxpayer’s motion for rehearing, and the taxpayer appealed to this court. We will uphold the board’s ruling unless the taxpayer proves that the board’s decision was “clearly [555]*555unreasonable or unlawful.” Appeal of Kiwanis Club of Hudson, 140 N.H. 92, 93, 663 A.2d 90, 91 (1995) (quotation omitted). “[A]ll findings of the [board] upon all questions of fact shall be deemed to be prima facie lawful and reasonable.” Id. (quotations and ellipses omitted) (alteration in original); see RSA 541:13 (1974).

The taxpayer argues first that the board incorrectly held that it was not a “monastery” under RSA 72:23, III and therefore erred in denying it a full tax exemption. We disagree. Monasteries are exempt from taxation under the statute. See RSA 72:23, III. WEBSTER’S defines “monastery” as “a house of religious retirement or of seclusion from the world for persons under religious vows.” WEBSTER’S THIRD NEW INTERNATIONAL DICTIONARY 1457 (unabridged ed. 1961). Applying a similar definition, the board concluded that the taxpayer was not a monastery because its members are allowed to work outside the religious community and do not take vows.

We see nothing in the record to indicate that the board’s conclusion is unreasonable. Emissaries members do not live in religious retirement or seclusion from the world. Instead, as the board correctly found, many members live on the taxpayer’s property but work in surrounding communities and pay rent to the taxpayer. Moreover, members do not take vows; they merely enter into an “agreement” to be part of the Emissaries community. Those facts support the board’s conclusion that the taxpayer was not a monastery.

The taxpayer argues next that the board erred by interpreting RSA 72:23, III too narrowly. According to the taxpayer, the board should have read RSA 72:23, III broadly to include all of the taxpayer’s property because both the legislative history of the statute and our prior case law demand an expansive reading. We disagree.

RSA 72:23, III provides that the following are exempt from taxation:

Mouses of public worship, parish houses, church parsonages occupied by their pastors, convents, monasteries, buildings used principally for religious training or for other religious purposes, and the lands thereto appertaining owned and occupied by any regularly recognized and constituted denomination, creed or sect, organized or incorporated in this state and the personal property used by them for the purposes for which they are established.

[556]*556RSA 72:23, III. “In construing [a religious exemption statute] we do not adopt a liberal attitude because it is charity nor a hostile attitude because it seeks exemption from taxation. The legislative intention is sought without regard to rules requiring strict or liberal construction for certain classes of legislation.” Franciscan Fathers v. Pittsfield, 97 N.H. 396, 400, 89 A.2d 752, 755 (1952) (citation omitted); cf. Wolfeboro Camp School v. Town of Wolfeboro, 138 N.H. 496, 499, 642 A.2d 928, 930 (1994) (tax exemption statute construed to give full effect to the legislative intent of the statute). We have previously held that the legislature, in drafting RSA 72:23, III, intended to exempt land “owned and occupied” by a religious association that is “a part of, or used directly in conjunction with, buildings used principally for religious purposes.” Alton Bay Camp Meeting Asso. v. Alton, 109 N.H. 44, 48, 242 A.2d 80, 84 (1968) (quotations and ellipses omitted). In light of the legislature’s intent, we cannot conclude that the board’s interpretation of RSA 72:23, III, which focused on the principal use of the taxpayer’s property, was unreasonably narrow.

The taxpayer next argues that the statute does not allow apportionment between exempt and non-exempt uses in religious exemption cases. This assertion is unsupported by our case law. In Franciscan Fathers, we recognized that certain property may be exempt, while other property, not used for religious activity, would not be exempt from taxation. Franciscan Fathers, 97 N.H. at 401, 89 A.2d at 756. Additionally, in considering other statutory exemptions, we have consistently utilized apportionment when appropriate. See, e.g., St. Paul’s School v. City of Concord, 117 N.H. 243, 251-59, 372 A.2d 269, 274-79 (1977); Alton Bay Camp Meeting Asso., 109 N.H. at 49-52, 242 A.2d at 85-87. We find nothing in the language of the religious exemption statute to suggest that the legislature intended to treat religious exemptions differently than other tax exemption statutes.

According to the taxpayer, apportionment is not appropriate in religious exemption cases because it requires an impermissible inquiry into the validity of their religion. We disagree. The board never questioned the validity of the taxpayer’s religion.

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Bluebook (online)
669 A.2d 802, 140 N.H. 552, 1995 N.H. LEXIS 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/appeal-of-emissaries-of-divine-light-nh-1995.