AOF/Shadybrook Affordable Housing Corp. v. Yazel

The Tulsa County Assessor's office assessed ad valorem taxes on the Shadybrook Apartment Complex for the years 2004, 2005, and 2006. Shadybrook, under protest, timely paid the taxes each year, but appealed the Assessor's valuation to the Tulsa County Board of Tax Roll Corrections and the Tulsa County Board of Equalization. After receiving unfavorable decisions, Shadybrook appealed to the district court. The trial court granted summary judgment in favor of Shadybrook, determining that Shadybrook qualified for an exemption from ad valorem taxation pursuant to the Oklahoma Constitution, Article 10, sec. 6A. The Assessor appealed. On the first appeal in this case, the appellate court upheld the trial court's ruling in part but reversed and remanded with instructions to the trial court to determine whether Shadybrook's use of the property was for charitable purposes under Article 10, sec. 6A so as to overcome the Supreme Court's ruling in "London Square Village v. Oklahoma County Equalization and Excise Board." Neither party petitioned the Supreme Court for certiorari based on that opinion. On remand, the trial court found in favor of Shadybrook and the Assessor appealed. The Supreme Court retained the appeal. After further review, the Supreme Court held that Shadybrook's operation of the low-income housing complex was a charitable use under the constitutional ad valorem tax exemption in Article 10, sec. 6A of the Oklahoma Constitution. The statutory language in 68 O.S. 2004 sec. 2887(8)(a)(2)(b) excluding property funded with proceeds from the sale of federally tax-exempt bonds from ad valorem exemption is unconstitutional. The Court overruled "London Square Village."View "AOF/Shadybrook Affordable Housing Corp. v. Yazel" on Justia Law