Green v. Church of Jesus Christ of Latter-Day Saints
59 A.3d 1001
Md.2013Background
- Maryland § 7-204 exempts property used exclusively for religious purposes, including a parsonage or convent.
- Church sought exemption for a 44-unit Kensington apartment complex housing ordinance workers who perform temple duties full-time for two years.
- The complex housed 50–60 workers; rents subsidized to offset operating costs.
- Exemption previously granted in 1980 but rescinded in 2008 after county review.
- Tax Court denied the exemption; Circuit Court reversed; this Court remands for Tax Court to apply a broader convent definition under § 7-204; parsonage issue left undecided.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What defines ‘convent’ in § 7-204. | Church argues Tax Court used too narrow a definition. | Supervisor argues convent requires vows and monastic-like life. | Convent defined broadly; apartment complex qualifies as a convent; remand for Tax Court to grant exemption. |
| Whether the Tax Court’s construction of convent merits deference. | Tax Court misapplied law; deference not warranted. | Tax Court’s interpretation should be given some deference as agency construction. | Court rejects deference to Tax Court on this legal interpretation and provides independent definition of convent. |
Key Cases Cited
- Morning Cheer, Inc. v. Bd. of County Comm’rs., 194 Md. 441 (Md. 1950) (exemption for religious use; any property actually used for religious purposes is exempt)
- East Coast Conference of the Evangelical Covenant Church of America, Inc. v. Supervisor of Assessments, 40 Md.App. 213 (Md. 1978) (definition of parsonage requiring a local congregation; local minister concept)
- Murray v. Comptroller of the Treasury, 241 Md. 383 (Md. 1966) (atheistic group exemption; interpretive context of exemptions)
- Keeler v. Bd. of Trs. of the Fire & Police Employees’ Ret. Sys. of the City of Baltimore, 362 Md. 198 (Md. 2001) (strict vs. fair construction of exemptions; context of use)
