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CAVE HILL CEMETERY COMPANY v. SCENT

352 S.W.2d 61 (1961)

CAVE HILL CEMETERY COMPANY et al., Appellants, v. William E. SCENT, Commissioner of Revenue et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing December 15, 1961.

Attorney(s) appearing for the Case

James W. Stites, Carl L. Wedekind, Jr., Charles W. Milner, Louisville, Ky., for appellants.

John B. Breckinridge, Atty. Gen., William S. Riley, Hunter B. Whitesell, Hal O. Williams, Dept. of Revenue, Frankfort, for appellees.

MILLIKEN, Judge.

This case presents to the Court the question of whether securities held by the Cave Hill Cemetery Company and the Cave Hill Investment Company are subject to ad valorem tax assessments by the Commonwealth of Kentucky. The case turns on whether Cave Hill is a public institution using its property for public purpose and thus exempt from taxation under Section 170 of the Constitution of Kentucky.

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