Norwegian American Hospital, Inc. v. Department of Revenue

569 N.E.2d 83, 210 Ill. App. 3d 318, 155 Ill. Dec. 83, 1991 Ill. App. LEXIS 244
CourtAppellate Court of Illinois
DecidedFebruary 21, 1991
Docket1-90-0052
StatusPublished
Cited by7 cases

This text of 569 N.E.2d 83 (Norwegian American Hospital, Inc. v. Department of Revenue) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Norwegian American Hospital, Inc. v. Department of Revenue, 569 N.E.2d 83, 210 Ill. App. 3d 318, 155 Ill. Dec. 83, 1991 Ill. App. LEXIS 244 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE JIGANTI

delivered the opinion of the court:

The plaintiff, Norwegian American Hospital, Inc., appeals from a ruling of the circuit court in which the court, upon administrative review of a decision of the defendant, the Illinois Department of Revenue, affirmed the denial of 1986 property tax exemptions for 25 parcels of real estate owned by the hospital.

In 1986, the plaintiff, Norwegian American Hospital, filed applications with the defendant, the Illinois Department of Revenue (Department), for real property tax exemptions on 68 parcels of property owned by the hospital and located in the vicinity of its main building. The revenue department granted tax-exempt status to 17 of the parcels and denied exemptions for the remaining 51 properties. Norwegian American requested evidentiary hearings on 49 of the nonexempted parcels. Following the formal hearings, the revenue department again denied exempt status to the 49 parcels of land. The hospital filed complaints for administrative review. Upon review of the revenue department’s decision, the circuit court ruled that the Department had incorrectly found 24 of the parcels to be nonexempt. As to the remaining 25 parcels, the court ruled that the department had correctly determined the parcels to be nonexempt properties. Upon a motion of Norwegian American Hospital for reconsideration of that portion of its decision affirming the Department of Revenue’s findings, the circuit court issued a decision on reconsideration affirming its earlier decision. Norwegian American Hospital follows with this appeal.

Norwegian American Hospital is a not-for-profit 253-bed hospital located on the west side of Chicago. The main arterial boundaries of the hospital are Division on the north, California on the east, Augusta on the south, and Sacramento on the west. The 68 parcels of property originally under consideration are spread out in a one-quarter-mile area enclosed within the boundaries described. The hospital sits at the approximate center of the defined area.

During the administrative hearings held below, Norwegian American offered testimony to show that, in the late 1970s and early 1980s, the hospital administration became concerned over the hospital’s diminishing census of patients and difficulty attracting staff members. The administration felt that the hospital’s difficulties stemmed in part from dangers associated with the deteriorating apartment structures immediately surrounding the hospital. A decade ago, an event which came to be known as the “Puerto Rican Day” riots occurred in the area of the hospital. During the rioting, windows in the surrounding buildings were smashed and buildings were burned. At the time the hospital became concerned, gangs had taken up occupancy in the abandoned buildings and the neighborhood around the hospital had gained a reputation for dangerous criminal activity. Directly in front of the hospital, in view of the main entrance and patient rooms, was an area consisting of empty tenement buildings in disuse or disrepair which the administrators described as a “zone of blight.” The hospital administrators became convinced that the neighborhood’s condition and reputation dissuaded prospective employees from accepting positions with the hospital and discouraged patients from seeking the hospital’s services.

The administrators were also concerned that the buildings in the area obstructed the. hospital’s visibility from the surrounding major thoroughfares, further discouraging potential patients. The administrators also pointed out that due to the location of the hospital in a highly congested area, parking for patients, staff, and visitors was limited.

In approximately 1982, administrators of Norwegian American Hospital turned the day-to-day management of the hospital over to a professional management services organization. In response to the hospital’s concerns about the surrounding neighborhood, the management organization and the hospital’s real estate committee devised a plan to open up a “green” or campus-type environment in the area. In pursuit of the “campus plan,” the hospital management consulted with architects and formalized a plan of development that was to include properties already owned by the hospital and parcels targeted for acquisition. The campus plan also included a corporate identity program which was intended to give a visual image to the hospital. The identity program included a sign and directional program involving the placement of six specifically designed monolith-type signs to be placed at various locations in the area. As implementation of the plan to create a park-like or campus atmosphere around the hospital proceeded, dilapidated buildings were razed, properties were seeded with grass or landscaped with flowers and trees, and pedestrian walkways, benches, and food service and picnic areas were installed. Parking lots were also created. The properties involved in the campus plan were not all contiguous to the hospital site or one another, but in some instances were scattered among private residences in the neighborhood. Hospital administrators testified that the purchase of contiguous property was not always possible. To the date of this dispute, the hospital has spent in excess of $1 million in a continuing effort to improve the sites surrounding the hospital.

In approximately 1984, the hospital commissioned a research firm to conduct a scientific study of the community. The results of the study indicated that the location of the hospital in an area of perceived danger was a significant factor in the minds of those community members considering whether to choose Norwegian American over any other health care facility. The study also indicated that the improvements Norwegian American had made to the area surrounding the hospital had increased its ability to attract people to its institution and had stimulated further growth and development in the immediate area.

At the conclusion of the evidence, the circuit court ruled that the revenue department had incorrectly determined 24 of the 49 parcels of property under review to be nonexempt. The court concluded that these 24 parcels were actually being used for hospital purposes: four parcels were part of a contiguous parking lot; a hospital directional sign was located on one parcel; the remaining parcels were used either to conservatively increase visual access to the hospital, provide picnic and recreation areas to the hospital employees and patients, or as sites for hospital structures or programs. The circuit court affirmed the revenue department’s ruling as to 25 of the reviewed 49 parcels. The court ruled that because these properties were vacant, noncontiguous and scattered amongst private residences, and too far from the hospital to reasonably contribute to the hospital’s visibility from neighboring thoroughfares, they did not qualify for tax-exempt status.

In appealing the status of those parcels of property which the circuit court determined were nonexempt properties, the hospital asserts that these parcels are, as were all of the 68 properties originally under consideration, part of the execution of the hospital’s campus plan. The hospital maintains that the stated purpose and expressed need for the campus plan has not been challenged by the Department of Revenue.

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Bluebook (online)
569 N.E.2d 83, 210 Ill. App. 3d 318, 155 Ill. Dec. 83, 1991 Ill. App. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norwegian-american-hospital-inc-v-department-of-revenue-illappct-1991.