Holy Spirit Retirement Home, Inc. v. Board of Review

543 N.W.2d 907, 1995 Iowa App. LEXIS 150, 1995 WL 798380
CourtCourt of Appeals of Iowa
DecidedNovember 27, 1995
Docket94-0680
StatusPublished
Cited by7 cases

This text of 543 N.W.2d 907 (Holy Spirit Retirement Home, Inc. v. Board of Review) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holy Spirit Retirement Home, Inc. v. Board of Review, 543 N.W.2d 907, 1995 Iowa App. LEXIS 150, 1995 WL 798380 (iowactapp 1995).

Opinions

PER CURIAM.

Holy Spirit Retirement Home, Inc. (Holy Spirit) is an organization owned by the Roman Catholic Diocese of Sioux City. In 1985 Holy Spirit filed a claim for tax exemption and a statement of objects and uses for real estate which consisted of a nursing home for the elderly and ill. At the time, Holy Spirit consisted only of a nursing home which provided care for those individuals who were unable to care for themselves and the terminally ill with twenty-four-hour-a-day nursing care. The nursing home was given tax exempt status in 1985.

In 1988 Holy Spirit had ground breaking for an apartment division to be added to the nursing home division. The apartment division consists of twenty-four units, with sixteen one-bedroom units and eight two-bedroom units. The units are unfurnished, carpeted, and equipped with major appliances and handrails in the hallways. All other furnishings must be acquired at the resident’s expense. The basic residency deposit fee charged is $40,000 for a one-bedroom unit and $60,000 for a two-bedroom unit. Since its inception, Holy Spirit has waived the residency fee on four occasions for persons who were priests of the Sioux City Catholic Diocese. Holy Spirit maintains this fee during occupancy and does not give interest payments to the residents who pay the fee. After a person’s residency has terminated, the resident receives ninety percent of the fee less $3500 for a one-bedroom or $5000 for a two-bedroom unit.

Applicants are required to complete a “Confidential Financial Profile” whose stated purpose is to assure an applicant’s financial resources are adequate to fulfill the applicant’s needs at Holy Spirit’s Apartments. The disclosure statement states all applicants “must have assets adequate to pay the residency fee plus sufficient amounts to provide for their financial requirements after becom-[909]*909mg a resident, including the monthly service fee of $481.25.” The average income of Holy Spirit’s residents is $26,143.00.

The monthly service fee includes occupancy, one meal per day, security system, fire protection, emergency call system, four hours of monthly housekeeping services, water and sewer, lawn care with snow removal, a visiting medical nurse available for up to eight hours per week, a temporary nursing service, physical therapy sessions, ground transportation, a beauty salon, and a chapel. According to the administrator of Holy Spirit, the nursing services include such things as cutting toenails, administering eye drops, and assisting with medication. Holy Spirit also offers and lends wheelchairs to residents returning from surgery.

The monthly fee had never been waived until December 1993, two months before trial. The disclosure statement gives Holy Spirit the right to terminate residency upon thirty days written notice if a resident fails to pay the monthly service fee. Although Holy Spirit developed a retirement home foundation in November 1991, as of the date appellate briefs were filed, no funds from the foundation were used to pay rent for residents in the apartment division. Additionally, if a resident cancels the residency agreement before establishing residency, a $500 application fee is charged and the prospective resident is required to pay any costs incurred by Holy Spirit.

In addition to the financial requirements set out in Holy Spirit’s disclosure statement, the statement also specifies an applicant must be in “sufficiently good health to live without assistance.” A doctor’s report is required prior to establishing residency. This report requires a physician certify the prospective resident is physically capable of independent living and is not a carrier of any infectious disease.

Prior to January 1992 all properties owned by Holy Spirit were exempt from property taxation. In January 1992 and January 1993, however, the city assessor assessed $982,000 taxable value for the apartment division owned by Holy Spirit which was added to the nursing home in 1986. The nursing home remained exempt. Holy Spirit appealed the assessment to the city board of review which affirmed the city assessor’s action. Holy Spirit filed appeals to the district court for both years.

The district court held Holy Spirit’s apartment division qualified for tax exemption because: (1) Holy Spirit was a charitable, benevolent, and religious institution; (2) the actual use of the property was to carry out the Catholic church’s mission to serve people in accordance with religious tenets; and (3) the property was not leased and was not used with a view to pecuniary profit. The district court also stated Holy Spirit was not required to file a new statement of objects and uses after 1985 in order to maintain its exempt status despite adding the apartment division.

The city assessor and the city board of review appeal. They contest whether Holy Spirit is acting in a charitable, benevolent, or religious manner in relation to the apartment division and whether the actual use of the property is solely for its appropriate objects. They state several examples of Holy Spirit’s policy and procedures, such as requiring financial and physical independence from the residents, which they believe are more akin to a commercial venture than the warmth and spontaneity of charitable impulse. Finally, they contend Holy Spirit should have filed a new claim for exemption stating the uses and objects of the apartment dwellings because such uses and objects differed from those stated in the last claim for exemption in 1985 when the property was used only as a nursing home.

I. Scope of Review.

The issue in this case is whether Holy Spirit’s apartment division should be given tax exempt status. Iowa Code section 441.39 (1991) provides in part:

The court shall hear the appeal in equity and determine anew all questions arising before the board which relate to the liability of the property to assessment or the amount thereof. The court shall consider all of the evidence and there shall be no [910]*910presumption as to the correctness of the valuation of assessment appealed from.

We, therefore, review tax assessment cases de novo. Iowa R.App.P. 4. We give weight to the fact findings of the trial court, especially when considering the credibility of witnesses, but are not bound by them. Iowa R.App.P. 14(f)(7). We look at the decision of the Board of Review rather than the decision of the district court. Mayflower Homes v. Wapello County, 472 N.W.2d 632, 634 (Iowa App.1991).

We strictly construe the statutes exempting property from taxation. Atrium Village v. Board of Review, 417 N.W.2d 70, 72 (Iowa 1987). Any doubt concerning an exemption must be resolved in favor of taxation. Id. The burden of proof is on the party claiming the exemption to show the property should not be taxed. Id.

Iowa Code section 427.1(9) (1993) sets forth the classes of property which are exempt from taxes and provides in pertinent part:

The following classes of property shall not be taxed: ... Property of religious, literary and charitable societies. All grounds and buildings used ... by ... charitable, benevolent ... and religious institutions and societies solely for their appropriate objects, ... not leased or otherwise used ... with a view to pecuniary profit.

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Bluebook (online)
543 N.W.2d 907, 1995 Iowa App. LEXIS 150, 1995 WL 798380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holy-spirit-retirement-home-inc-v-board-of-review-iowactapp-1995.