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SUPREME COURT
In Case No. 99-421, East Coast Conference of the Evangelical Covenant Church
of America, Inc. v. Town of Swanzey, the court on December 18, 2001, made the
following order:
On the plaintiff’s motion for reconsideration of the court’s July 26, 2001 decision and motion for
leave to brief constitutional issue raised by opinion, the court orders that the slip opinion dated
July 26, 2001 be modified as follows. In all other respects, the motions are denied.
1. The word "services" in the fifth sentence of the fourth paragraph on page 2 of the slip opinion
is deleted and replaced by the word "programs," so that said paragraph as modified shall state as
follows:
2. The first sentence of the first full paragraph on page 4 of the slip opinion, which begins with
the words "The trial court ruled that for the years in question," is deleted and replaced with a new
sentence, so that said paragraph as modified shall state as follows:
The trial court ruled that for the years in question, the facilities at
issue should not be entitled to a charitable exemption because the
Church failed to offer their use to an indefinite number of the
public. We agree.
3. The first four full paragraphs on page 5 of the slip opinion, which begin with the words "The
Church's Articles of Agreement" and end with the words "not eligible for a charitable tax
exemption" are deleted and replaced by the following two paragraphs:
Based upon our review of the factual record, we hold that the
Church failed to prove that the beneficiaries of Pilgrim Pines were
a substantial and indefinite segment of the general public for the
tax years at issue.
BROCK, C.J., and BRODERICK, NADEAU, DALIANIS and DUGGAN, JJ., concurred.
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Date of clerk’s notice of decision: December 24, 2001