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TUCSON BOTANICAL GARDENS, INC. v. PIMA COUNTY

No. 1 CA-TX 07-0007.

189 P.3d 1096 (2008)

TUCSON BOTANICAL GARDENS, INC., an Arizona nonprofit corporation, Plaintiff/Appellee, v. PIMA COUNTY, a county in the State of Arizona and a political subdivision of the State of Arizona, Defendant/Appellant.

Court of Appeals of Arizona, Division 1, Department T.

May 20, 2008.

Attorney(s) appearing for the Case

Gabroy, Rollman & Bossé, P.C. By Steven L. Bossé, Richard A. Brown, Tucson, Attorneys for Plaintiff/Appellee.

Barbara LaWall, Pima County Attorney By Terri A. Roberts, Deputy County Attorney, Tucson, Attorney for Defendant/Appellant.

OPINION

NORRIS, Judge.

¶ 1 By statute, property of musical, dramatic, dance, and community arts groups; botanical gardens; museums; and zoos, qualified as non-profit charitable organizations, is exempt from real property taxes if the property is "used for those purposes and not used or held for profit." Ariz.Rev.Stat. ("A.R.S.") § 42-11116 (2006). The issue presented in this appeal is whether, for tax year 2005, Plaintiff/Appellee Tucson Botanical...

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