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HANCOCK v. PRESTONSBURG INDUS. CORP.

No. 2010-SC-000376-DG.

365 S.W.3d 199 (2012)

Connie HANCOCK, Floyd County Property Valuation Administrator, et al., Appellants, v. PRESTONSBURG INDUSTRIAL CORPORATION, et al., Appellees.

Supreme Court of Kentucky.

April 26, 2012.

Attorney(s) appearing for the Case

Douglas M. Dowell , Department of Revenue, Frankfort, KY, Dwight Stacy Marshall , Assistant Floyd County Attorney, Prestonsburg, KY, Counsel for Appellants.

Richard E. Fitzpatrick , Lexington, KY, Martin L. Osborne , Osborne & Heaberlin, Thomas M. Smith , Prestonsburg, KY, Counsel for Appellee Prestonsburg Industrial Corporation.

Not Represented by Counsel, Appellee Kentucky Board of Tax Appeals.

Opinion of the Court by Justice SCHRODER.

The single issue in this tax case is whether the Prestonsburg Industrial Corporation (PIC) is a charitable organization under section 170 of the Kentucky Constitution, which exempts "institutions of purely public charity" from paying ad valorem taxes. We opine that PIC's real property is not tax exempt under section 170 of the present Kentucky Constitution, reversing the Court of Appeals and remanding for further proceedings...

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