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FORT CALHOUN BAPTIST CHURCH v. WASHINGTON CTY. BD. OF EQUALIZATION

No. S-08-108.

759 N.W.2d 475 (2009)

277 Neb. 25

FORT CALHOUN BAPTIST CHURCH, appellant, v. WASHINGTON COUNTY BOARD OF EQUALIZATION, appellee.

Supreme Court of Nebraska.

January 23, 2009.

Attorney(s) appearing for the Case

Milo Alexander and Kevin O'Connell, Senior Certified Law Student, of Abrahams Legal Clinic, Creighton University School of Law, and, on brief, Steven M. Virgil for appellant.

Edmond E. Talbot III, of Talbot & Truhlsen Law Offices, L.L.P., Blair, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, J.

NATURE OF CASE

The Fort Calhoun Baptist Church (Church) leased part of its facilities to the Fort Calhoun Community School District (School). As a result of the lease, the Washington County Board of Equalization (Board) reduced the tax exemption on the Church's property from 100 percent to 80 percent. The Tax Equalization and Review Commission (TERC) affirmed the Board's action, and the Church appeals.

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