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ILHC OF EAGAN, LLC v. COUNTY OF DAKOTA

No. A03-1407.

693 N.W.2d 412 (2005)

ILHC OF EAGAN, LLC, d/b/a The Commons on Marice, petitioner, Respondent, v. COUNTY OF DAKOTA, Relator.

Supreme Court of Minnesota.

March 17, 2005.

Attorney(s) appearing for the Case

James C. Backstrom, Dakota County Attorney, Suzanne W. Schrader, Assistant County Attorney, Hastings, MN, for Relator.

Jeffrey J. McNaught, Jonathan P. Scholl, Lindquist & Vennum P.L.L.P., Minneapolis, MN, for Respondent.

Heard, considered, and decided by the court en banc.

OPINION

ANDERSON, PAUL H., Justice.

Intergenerational Living and Health Care (ILHC) operates "The Commons on Marice" (The Commons), a senior assisted living community facility in Eagan, Minnesota. In 2001 and 2002, ILHC applied for a partial property tax exemption for The Commons under Minn.Stat. § 272.02, subd. 26 (2002) (repealed 2003). Dakota County denied ILHC's applications on the ground that The Commons was not eligible for the exemption. ILHC...

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