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FIRST PRESBYTERIAN CHURCH v. BD. OF EQUAL

127 S.W.3d 742 (2003)

FIRST PRESBYTERIAN CHURCH OF CHATTANOOGA, v. TENNESSEE BOARD OF EQUALIZATION, et al.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

August 15, 2003.

Permission to Appeal Denied February 2, 2004.

Attorney(s) appearing for the Case

J.W. Dietzen, Chattanooga, Tennessee, for the Appellant First Presbyterian Church of Chattanooga.

Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, and Ann Louise Vix, Senior Counsel, Nashville, Tennessee, for the Appellees Tennessee State Board of Equalization and Tennessee Assessment Appeals Commission.

Mary Neill Southerland, Chattanooga, Tennessee, for the Appellee Bill Bennett, Hamilton County Assessor of Property.

Permission to Appeal Denied by Supreme Court February 2, 2004.

OPINION

D. MICHAEL SWINEY, J., delivered the opinion of the court, in which HERSCHEL P. FRANKS, J., and CHARLES D. SUSANO, JR., J., joined.

Ms. Madeline D. Apple bequeathed her house to First Presbyterian Church of Chattanooga ("the Church") to be used for the temporary housing and convenience of the Church's missionaries. The Church filed a formal application with the Board of Equalization...

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