Shrine of Our Lady of Fatima v. Mantua Township

12 N.J. Tax 392
CourtNew Jersey Tax Court
DecidedApril 22, 1992
StatusPublished
Cited by7 cases

This text of 12 N.J. Tax 392 (Shrine of Our Lady of Fatima v. Mantua Township) is published on Counsel Stack Legal Research, covering New Jersey Tax Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shrine of Our Lady of Fatima v. Mantua Township, 12 N.J. Tax 392 (N.J. Super. Ct. 1992).

Opinion

LARIO, J.T.C.

Plaintiff appeals from a judgment of the Gloucester County Board of Taxation denying a 1990 real estate tax exemption on its premises located at RD #2, 13B Barnsboro-Sewell Road, Sewell, New Jersey and identified on the tax map of Mantua Township as Block 155, Lots 11 and 12.

Plaintiffs claim for tax exemption was based first, upon its allegation that the property is exclusively used for religious purposes; second, it is occupied as a parsonage, and, third, that the residence is occupied by a clergyman-district superintendent. It was stipulated that the Shrine of Our Lady of Fatima was duly incorporated in New Jersey as a nonprofit corporation pursuant to N.J.S.A. 15A:2-1 and that the purpose of the corporation, as indicated by its certificate of incorporation, is exclusively religious, charitable and educational. It was further stipulated that, by deed dated July 30, 1987, the Shrine of Our Lady of Fatima became the legal and equitable owner of the real estate in dispute. Application for tax exemption for the property was made and granted for the tax years 1988 and 1989. For the tax year 1990, application for tax exemption was denied and the property was assessed at land—$17,800, improvements—$72,900, total—$90,700. On appeal to the county board of taxation the assessment was affirmed resulting in the instant appeal.

At trial, plaintiff abandoned its claim that the property was used exclusively for religious purposes and it stipulated [394]*394that the only issues remaining before the court were: (1) whether the residence in question is a parsonage occupied by an officiating clergyman pursuant to N.J.S.A. 54:4-3.6; or (2) whether the residence is occupied by a clergyman who is a district superintendent pursuant to N.J.S.A. 54:4-3.35. These controlling statutes provide in pertinent part:

The following properties shall be exempt from taxation under this chapter: ... buildings, not exceeding two, actually occupied as a parsonage by the officiating clergyman of any religious corporation of this State— [N.J.S.A. 54:4-3.6.]
The dwelling house ... belonging to any religious association or corporation actually occupied as a residence by a clergyman of such association or corporation who is a district superintendent of such religious association or corporation who is acting as such, shall be exempt from taxation. [N.J.S.A. 54:4-3.35.]

Defendant does not contest that the resident of the subject property is an appointed deacon with various administrative duties, but it denies that he is either the officiating clergyman or a district superintendent of the Shrine of Our Lady of Fatima. Defendant further contends that the property is not used exclusively for religious purposes.

The subject property is occupied by Rocco Colucci, his wife and three children who are ten years, three years and 18 months of age. Colucci testified that he is an ordained deacon of the Latin Rite Movement, Shrine of Our Lady of Fatima and that “a deacon is a clergyman just under the priesthood.” He is a member of the board of directors and vice-president of plaintiffs organization. He is also self-employed as a window-treatment consultant. He stated that he went through a two-year training session which consisted mostly of a mailed curriculum of a study of moral doctrine after which he was ordained as a minister and became an officer of plaintiffs organization about six years ago.

Colucci further testified that he and his wife originally owned a residence in Deptford, New Jersey, which he subsequently gifted by deed to plaintiff. He stated that he later transferred that property and used the proceeds of sale to purchase the [395]*395subject property in Sewell 1. The improvements located on the premises in question consist of two buildings. One is a raised-ranch residence consisting of a living room, family room, dining room, kitchen, three bedrooms and one-and-one-half baths. The second is a barn building. The exterior of the property includes a deck and, in addition to the barn, there exists an above-ground pool, small shed, swing set, basketball court and badminton net. He further stated that plaintiff owns five or six properties, to wit: the subject property, a property in Corbin City, one in Evesham Township and two or three in Atlantic City. He described his religious duties to include the conducting of Mass at the subject property. He attempts to say Mass for his family on a daily basis and conducts Mass for persons other than his family approximately twice a month. He said that he does not have any employees under his jurisdiction. He further stated there are approximately 20 members in his congregation, however, he does not have a written list of their names, but such a list is kept by Father Henry Lovett. On average, about eight to ten people attend the Mass he conducts in the subject property. He said his other duties including performing the Sacraments of Holy Eucharist, and Extreme Unction and he also visits persons in nursing homes once a week or every two weeks and distributes Holy Communion to them. Although, he is also permitted to conduct weddings, he has never conducted a marriage ceremony. Additionally, he conducts various community services and provides for food distribution.

[396]*396All other masses and religious services for Deacon Colucci’s congregation, which are not conducted at the subject property, are conducted at the church located in Corbin City under the direction of Father Henry Lovett.

Colucci described his administrative work to be mainly: “to restaff the old Roman Establishment of Latin believers, that is, to get new believers into the Latin Rite” and directing members of his congregation in how to interest others in the Latin Rite and supervising his congregation. He also attends board meetings, which are held monthly in Corbin City, signs checks, pays bills and completes forms and reports.

He further testified that he receives no salary from plaintiff. He is also self employed as a window-treatment consultant and maintains an office, takes calls and does billing for his window-treatment business from the barn building. He stated that the tools for his trade are kept in his motor van which is kept on the site of the subject property.

Father Lovett testified that he is the pastor and administrator of the Shrine of Our Lady of Fatima and the superintendent and spiritual overseer of the congregation. He resides in the parsonage and chapel building property located in Corbin City. He stated that it was he who had thé knowledge of who were members of the congregation and that no one else “would have a feel for all the members of the congregation.” He stated that he supervises the congregation in the Sewell “parsonage” as well as the parsonages in other counties over which he has authority but that he was not free to reveal the locations or the names of people in his jurisdiction.

In New Jersey, the general rule is well settled that statutes granting exemption from real property taxes must be strictly construed against those claiming such exemption. Boys Club of Clifton v. Jefferson Tp., 72 N.J. 389, 398, 371 A.2d 22 (1977) and cases cited therein. The burden to establish tax exempt status is upon the claimant. Princeton University Press v. Princeton, 35 N.J.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mesivta Ohr Torah Lakewood v. Township of Lakewood
24 N.J. Tax 314 (New Jersey Tax Court, 2008)
Congregation Ahavath Torah v. Englewood City
21 N.J. Tax 318 (New Jersey Tax Court, 2004)
Roman Catholic Archdiocese v. City of East Orange
17 N.J. Tax 298 (New Jersey Tax Court, 1998)
Friends of Ahi Ezer Congregation, Inc. v. City of Long Branch
16 N.J. Tax 591 (New Jersey Tax Court, 1997)
GOODWILL HOME v. Garwood Borough
658 A.2d 1330 (New Jersey Superior Court App Division, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
12 N.J. Tax 392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shrine-of-our-lady-of-fatima-v-mantua-township-njtaxct-1992.