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HILLMAN v. FLAGSTAFF COMMUNITY HOSPITAL

No. 14317-PR.

123 Ariz. 124 (1979)

598 P.2d 102

Richard F. HILLMAN, Assessor, County of Coconino, Rose Stacy, Treasurer, County of Coconino, County of Coconino, and Arizona Department of Revenue, Appellants, v. FLAGSTAFF COMMUNITY HOSPITAL, an Arizona non-profit Corporation, Appellee.

Supreme Court of Arizona, In Banc.

July 24, 1979.

Attorney(s) appearing for the Case

Bruce E. Babbitt, former Atty. Gen., John A. LaSota, Jr., former Atty. Gen., Robert K. Corbin, Atty. Gen. by Edwin P. Lee, Asst. Atty. Gen., Phoenix, for appellants.

Mangum, Wall, Stoops & Warden by Gerald W. Nabours, Flagstaff, Lewis & Roca by Roger W. Kaufman, Paul G. Ulrich, Jay S. Ruffner, Terrence M. Slaven, Phoenix, for appellee.

STRUCKMEYER, Vice Chief Justice.

Flagstaff Community Hospital commenced this action to recover taxes paid under protest in 1975 and the first half of 1976. The Superior Court granted the plaintiff's motion for summary judgment and this appeal followed. The Court of Appeals affirmed, holding in part that A.R.S. § 42-271(4) does not require the land to actually be in use before it can qualify for a charitable exemption. Opinion of the Court of Appeals vacated....

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