Defenders of the Christian Faith, Inc. v. Horn Book Reviews

Defenders of the Christian Faith, Inc. v. Horn by Supreme Court of Kansas Book Summary

The opinion of the court was delivered by This is an original proceeding in mandamus for judgment
directing the state commission of revenue and taxation and the
members thereof to issue an order declaring certain property to
be exempt and to remove the same from the tax rolls of [174 Kan. 41]
the state and of Sedgwick county, and to refund the tax for the
year 1948, declared to have been paid. In the petition it was
alleged that the Defenders of the Christian Faith, Inc. is a
corporation duly organized and existing under the laws of the
state of Kansas, with its principal place of business at 2502
East Douglas Avenue in the city of Wichita; that Dr. Gerald D.
Winrod of Wichita; Dr. William T. Watson of St. Petersburg,
Florida; Dr. Edward Fehr of Hoisington, Kansas; Dr. Jose
Hernandez of New York, and Dr. J.F. Rodriguez of Piedras, Puerto
Rico, are the duly authorized and acting trustees of the
Defenders of the Christian Faith, Inc., and as such trustees hold
the title to the building and improvements located at 2502 East
Douglas Avenue, Wichita, more particularly described as Lots 24
and 26, Douglas Avenue, Lot 5, Oliver's Subdivision, Chautauqua
Addition to the city of Wichita, and as said trustees hold the
property for the benefit of the corporation; that the Defenders
of the Christian Faith, Inc. is a nonprofit corporation organized
for religious purposes; that a typewritten copy of the articles
of incorporation was attached and made a part of the petition;
that the building and improvements located at the above address
are the headquarters of the corporation, and it is in this
building that the Defenders of the Christian Faith, Inc. carry on
their work, which is of a religious nature; that the building is
used by the corporation directly and exclusively for religious
purposes and is therefore exempt from taxation by reason of
section 1, article 11 of our constitution, which is set out; that
the plaintiffs herein received subscriptions of money from
Christian people all over the state of Kansas and other parts of
the country for the express purpose of erecting and equipping the
building, and from the sums so collected plaintiffs constructed
the building in 1946; that the Defenders of the Christian Faith,
Inc. moved into and occupied the building after its completion
and ever since its construction has been the sole occupant of the
building; that after the completion of the building taxes were
paid thereon for the year 1947; that on April 25, 1950,
plaintiffs filed their application for relief from a tax
grievance with the state commission of revenue and taxation
asking that the property be declared exempt and removed from the
tax rolls, setting forth in the application the reasons therefor;
that the recommendation of the county clerk and the county
assessor of Sedgwick county is a part of the application made,
stating that the facts set forth in the application are true and
recommending [174 Kan. 42]

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