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SMYTH COMMUNITY HOSP. v. TOWN OF MARION

Record No. 990766.

527 S.E.2d 401 (2000)

259 Va. 328

SMYTH COUNTY COMMUNITY HOSPITAL v. TOWN OF MARION, et al.

Supreme Court of Virginia.

March 3, 2000.

Attorney(s) appearing for the Case

William R. Rakes; Gregory J. Haley (Leisa Kube Ciaffone; Gentry, Locke, Rakes & Moore, on briefs), Roanoke, for appellant.

Timothy W. Barbrow, Marion (John H. Tate, Jr.; Mark B. Fenyk, Marion; Joseph A. Vance, IV & Associates, Fredericksburg; Gwyn & Tate, Marion, on brief), for appellees.

Present: CARRICO, C.J., COMPTON, LACY, HASSELL, KEENAN, KOONTZ, and KINSER, JJ.

LACY, Justice.

In this appeal we consider whether the trial court correctly determined that Smyth County Community Hospital (the Hospital) was not entitled to a tax exemption pursuant to Code § 58.1-3606(A)(5) for property it owned and operated as a nursing home.

The Hospital is a Virginia non-stock, not-for-profit, tax exempt, community hospital located in Smyth County, Virginia. It owns and operates Francis Marion Manor (the Manor), an intermediate...

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