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EVANGELICAL COVENANT CH. v. BAUER

No. 85-794.

482 So.2d 551 (1986)

The EVANGELICAL COVENANT CHURCH OF AMERICA and Covenant Village of Florida, Inc., Appellants/Cross Appellees, v. Lester L. BAUER, As Revenue Collector of Broward County, Florida, et al., Appellees/Cross Appellants.

District Court of Appeal of Florida, Fourth District.

February 5, 1986.

Attorney(s) appearing for the Case

Gerald L. Knight and Peter J. Forman of Gustafson, Stephens, Ferris, Forman & Hall, P.A., Fort Lauderdale, for appellants/cross appellees.

Jim Smith, Atty. Gen., and J. Terrell Williams, Asst. Atty. Gen., Tallahassee, for appellee/cross appellant, State of Florida, Dept. of Revenue.

PER CURIAM.

The trial court found that the "income test" in section 196.1975(4), Florida Statutes (1985), was constitutional. In our view, however, the court erred by failing to apply the Supreme Court's decision in Presbyterian Homes v. Wood, 297 So.2d 556 (Fla. 1974), which held that an almost identical provision failed to pass constitutional muster. Although the Legislature amended

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