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IN RE TAX EXEMPTION APPL. OF PRESBYTERIAN MANOR

No. 66,713

16 Kan. App. 2d 710 (1992)

830 P.2d 60

IN THE MATTER OF THE APPLICATION OF PRESBYTERIAN MANOR, INC., FOR EXEMPTION FROM AD VALOREM TAXATION IN DOUGLAS COUNTY, KANSAS.

Court of Appeals of Kansas.

Opinion filed March 27, 1992.

Attorney(s) appearing for the Case

Jack D. Flesher and Colleen M. Miller, of Bever, Dye, Mustard & Belin, of Wichita, for appellant.

Robert W. Fairchild, Patricia R. Hackney, and Nancy Walker, of Riling, Burkhead, Fairchild & Nitcher, Chartered, of Lawrence, for appellee.

Before GERNON, P.J., ELLIOTT, J., and DAVID PRAGER, Chief Justice Retired, assigned.

ELLIOTT, J.:

Lawrence Presbyterian Manor, Inc., (Manor) appeals the Board of Tax Appeals' (BOTA) denial of an ad valorem tax exemption under K.S.A. 79-201b Fifth.

We reverse.

The following short factual history seems to be undisputed: The Manor is a Kansas nonprofit corporation dedicated to providing housing and associated services to the elderly. Its five-story building was completed in late 1976, having been constructed with private donations...

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