Full Circle Family Church v. Benton County Assessor

CourtOregon Tax Court
DecidedSeptember 9, 2015
DocketTC-MD 150080D
StatusUnpublished

This text of Full Circle Family Church v. Benton County Assessor (Full Circle Family Church v. Benton County Assessor) is published on Counsel Stack Legal Research, covering Oregon Tax Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Full Circle Family Church v. Benton County Assessor, (Or. Super. Ct. 2015).

Opinion

IN THE OREGON TAX COURT MAGISTRATE DIVISION Property Tax

FULL CIRCLE FAMILY CHURCH, ) ) Plaintiff, ) TC-MD 150080D ) v. ) ) BENTON COUNTY ASSESSOR, ) ) Defendant, ) FINAL DECISION

This Final Decision incorporates without change the court’s Decision, entered

August 21, 2015. The court did not receive a statement of costs and disbursements within 14

days after its Decision was entered. See TCR MD 16 C(1).

Plaintiff appeals Defendant’s denial of Plaintiff’s request for exemption from ad valorem

taxes for property identified as Accounts 203970 and 203988 (subject property) for the 2014-15

tax year. A trial was held in the Oregon Tax Courtroom on June 2, 2015. Allan “Chris” Burns

(Burns) and Nancy “Llyn” Peabody (Peabody) appeared and testified on behalf of Plaintiff.

Jenny Anderson (Anderson) appeared and testified on behalf of Defendant. Plaintiff’s Exhibits 1

through 27 and Defendant’s Exhibits A through Q were received without objection.

I. STATEMENT OF FACTS

Peabody testified that the subject property is 3.5 acres with structures including an “1875

farmhouse and three greenhouses” and noted that one greenhouse is currently under construction.

She testified that Plaintiff filed an application with Defendant seeking property tax exemption for

3 acres and all of the structures because Plaintiff is a “religious organization.” (See Ptf’s Compl

at 2-3.) Defendant denied Plaintiff’s application because “[t]he primary purpose of [Plaintiff] is

FINAL DECISION TC-MD 150080D 1 to demonstrate the efficacy of sharing; the primary use of the property appears to be a residence

not a house of public worship.” (Def’s Answer at 1.)

Peabody testified that after reviewing “I[nternal] R[evenue] S[ervice] information,” she

and Burns were “lead to apply” as a qualifying religious organization under “ORS 307.140.”

Peabody testified that Plaintiff was “registered by the State of Oregon, Secretary of State,

Corporation Division” (Corporation Division) as a nonprofit religious corporation in 2010 and

the Sharing Gardens registered with the state Corporation Division in 2011. (See Ptf’s Ex 26 at

2-3, 5.) Peabody testified that, due to an oversight, she failed to renew the Sharing Gardens’

registration with the Corporation Division. (See Def’s Ex D at 1-2.)

Burns testified that Plaintiff was founded in 2010 to demonstrate the “principle of

generosity,” and that the Sharing Gardens are the “foundation of its religious beliefs.” (See Ptf’s

Ex 26 at 2; Ptf’s Ex 3 at 1-4; Def’s Ex B at 1; Def’s Ex I at 1-4.) He testified that Plaintiff “was

formed for the purposes of demonstrating the efficacy of sharing.” (See Ptf’s Ex 3 at 1.) Burns

testified that Plaintiff is a “faith supported ministry,” that exists without “government grants” and

“commercial activity.” (See Ptf’s Ex 3 at 1-2.)

Burns and Peabody testified that the Sharing Gardens were started in 2009 at another

location. Peabody testified that the Sharing Gardens moved to the subject property in 2010.

Peabody testified that the Sharing Gardens produced over 3,000 pounds of produce in 2010 and

over 4,400 pounds in 2011. Peabody testified that over 6,000 pounds were produced in 2012,

and that production has increased in subsequent years. (See Ptf’s Ex 5 at 1.) Plaintiff’s Exhibits

7 through 25 were written testimonials from individuals who volunteered at the Sharing Gardens,

food banks that received produce grown at the Sharing Gardens, or third-parties who worked

with Plaintiff to develop the Sharing Gardens. (See Ptf’s Ex 7-25.) Burns testified that the

FINAL DECISION TC-MD 150080D 2 Sharing Gardens are part of the Oregon State University (OSU) service learning program. He

explained that during the academic year six OSU students spend four to five hours a week

assisting with the operational needs of the Sharing Gardens.

Burns testified that the “house and gardens are one integral operation.” He testified the

subject property does not have a “traditional house of public worship.” Burns testified that

“traditional worship—going to church, sitting in a pew, and listening to a sermon—is not how

[Plaintiff’s] full members worship.” Burns testified that a “full member” worships by

participating in “acts of service.” Burns testified that he and Peabody are Plaintiff’s only “full

members” and they “worship by working in the Sharing Gardens.” (See Def’s Ex J at 2.) Burns

referred to the following excerpt from Plaintiff’s bylaws:

“1. There is one God, the Eternal, the only Being; God is One with the Universe; nothing else exists but God therefore God is in each of us.

“2. All people are members of one human family, regardless of skin color, cultural heritage or nationality and each person is entitled to share equitably in the gifts of the Creation.

“3. We seek guidance through observing the ways of Nature/Creation. Its wisdom and knowledge is accessed through the writings of the world’s faith traditions and through direct revelation to those who seek sincerely.

“4. We look beyond the differences expressed through the World’s religions to the common threads that unite us all as the children of a loving God.

“5. We believe in the Law of Love, which is revealed through practicing forgiveness and through deeds of kindness and service.

“6. We live to express gratitude for the One Creation.

“7. Our place of worship is wherever we are, performing acts of service without thought of personal gain.”

(Ptf’s Ex 27 at 2.) Peabody testified that Plaintiff’s bylaws require full members to hold “all

things” in common, which “includes living space.” (See Ptf’s Ex 27 at 2, 5.)

FINAL DECISION TC-MD 150080D 3 Peabody testified that she and Burns moved to the subject property in 2014. Burns

testified that after he and Peabody began to renovate the farmhouse for the Sharing Gardens’

storage they realized it could be their residence and allow them to be present at all times to care

for the Sharing Gardens. Burns testified that living on the subject property allows him to light a

fire in the greenhouses at night during cold weather to ensure that the tomatoes would not freeze.

In response, Anderson testified that there were “alternatives” that did not require Burns’s

presence onsite, including “covering the plants in plastic bags” to protect them.

Burns testified that one of the rooms in the farmhouse is used as an office and to maintain

Plaintiff’s and the Sharing Gardens’ websites from that room. Peabody testified that the

websites “receive over 8,000 hits” collectively each month.1 Burns stated that meetings are held

Mondays, Thursdays and Saturdays in the farmhouse before or after volunteer sessions,

including question and answer periods or demonstrations. Peabody stated that the kitchen was

used for “healthier food choice” cooking and canning demonstrations. She testified that the

farmhouse bathroom was used by the volunteers.

Anderson testified that the subject property did not qualify for exemption because there is

a “lack of proof that the subject property is used for the advancement of religious purposes.”

Anderson testified that she agrees with Burns that the subject property does not have a

“traditional house of worship,” but disagrees that there was any religious activity sufficient to

qualify the subject property for exemption. Anderson testified that the church across the street

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Full Circle Family Church v. Benton County Assessor, Counsel Stack Legal Research, https://law.counselstack.com/opinion/full-circle-family-church-v-benton-county-assessor-ortc-2015.