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RIVERVIEW PLACE, INC. v. CASS COUNTY

Civ. No. 890157.

448 N.W.2d 635 (1989)

RIVERVIEW PLACE, INC., Appellee, v. CASS COUNTY, acting By and Through the CASS COUNTY BOARD OF COMMISSIONERS, Appellant.

Supreme Court of North Dakota.

November 29, 1989.

Attorney(s) appearing for the Case

J. Gerald Nilles and Daniel J. Crothers (argued), of Nilles, Hansen & Davies, Fargo, for appellee.

Robert G. Hoy, State's Atty., Fargo, for appellant.

Robert W. Wirtz, Asst. Atty. Gen., Office of the State Tax Com'r, Bismarck, for State of N.D., amicus curiae.

Wayne O. Solberg, of Solberg, Stewart, Boulger & Miller, Fargo, for City of Fargo, amicus curiae.

Steven K. Aakre, of Serkland, Lundberg, Erickson, Marcil & McLean, Ltd., Fargo, for American Lutheran Homes, amicus curiae.

VANDE WALLE, Justice.

Cass County appealed from a judgment of the district court which found Riverview Place, Inc., to be an institution of public charity and which abated Riverview Place's real estate taxes for the year 1987. Cass County contends that the trial court erred in finding Riverview Place to be an institution of public charity within the meaning of NDCC § 57-02-08(8). We agree with Cass County, and reverse the judgment of the district court.

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