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DELTA PSI FRATERNITY v. CITY OF BURLINGTON

No. 07-386.

969 A.2d 54 (2008)

2008 VT 129

DELTA PSI FRATERNITY v. CITY OF BURLINGTON.

Supreme Court of Vermont.

October 10, 2008.

Attorney(s) appearing for the Case

Heather R. Hammond of Gravel and Shea, Burlington, for Plaintiff-Appellee.

Eugene M. Bergman, Office of the City Attorney & Corporation Counsel, Burlington, for Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

¶ 1. SKOGLUND, J.

The City of Burlington appeals the trial court's summary judgment order granting Delta Psi Fraternity tax-exempt status on its uninhabited residential property. The City contends that the trial court erred as a matter of law in ruling that the tax exemption is based solely on the building's ownership and not its use. We reverse.

¶ 2. The relevant facts are uncontroverted. Organized in 1850 and incorporated in 1884 "for the purpose...

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