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SALVATION ARMY v. BARNETT

No. 10057.

124 N.W.2d 365 (1963)

Appeal of The SALVATION ARMY, Plaintiff and Appellant, v. George R. BARNETT, C. H. Point, Clifford J. Hanson, David Erickson, and Andrew B. Yates, as members of the Board of County Commissioners of Minnehaha County, South Dakota; and Minnehaha County, South Dakota, Defendants and Respondents.

Supreme Court of South Dakota.

November 8, 1963.

Attorney(s) appearing for the Case

R. G. May, of Stordahl, May, Boe & Johnson and T. M. Bailey, Jr., Sioux Falls, for plaintiff and appellant.

William F. Clayton, J. Bruce Blake, and Roger Schiager, Sioux Falls, for defendants and respondents.

BIEGELMEIER, Judge.

Whether the real property which appellant Salvation Army occupied during all of 1961 and to which it received a deed on December 27, 1961, is subject to the 1961 taxes is involved in this appeal. There is no dispute appellant is a charitable, benevolent or religious society described in Section 6, Article XI of the South Dakota Constitution and SDC 57.0311 and entitled to an abatement of the 1961 tax had it been owner for the complete calendar...

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