Opinion letter to Stanley M. Thompson

WlLl.lA)I L . WEBSTER .~TTpRN~Y OZ:M&JtAI:. • . ~~.~·.:.~:· . . ~ .. ~ ··~r•- ATTORNEY GENERAL OF MISSOURI JEF.FEBSON CITY 65102 April 18, 1988 P. 0 . Box SQl! 1314>) j~J ·Dll21 OPINION LE1T~R NO~ 36-SS Stanley M. Thompson ~ay County Prosecuting Attorney Post Office Box 535 Richmond, Missouri 64085 Dear Mr. Thompson: This opinion letter is in response to your question asking: Is tbe real estate owned by the Trustees of William Jewell Colleger located in Ray county, Missouri, and hel<! by the Trustees of William Je~ell College for investmen.t purposes and leased by the Trustees of William Jewell College to a private individual for a profit, exempt from the real property taxes assessed against the realty by Ray County, Missou~i? In conjunction with your request, we rev.iewed the extensive legal memorandum which you provided as well as three Missouri Supreme Court cases dealing specifically with William Jewell College (State ex rel. Bannister v. Trustees of William Jewell Colleye, 260 s.W •. 2d. 479 (Mo. bane 1953): Trustees of wliiiam Jewel. Col.le e of Libert v • . Beavers, 171 s.w .. 2a 664 (Mo. bane 1. 4 · , an State .ex re. wa er v. Trustees of William Jewell Colleqe, 234 Mo. 299, 136 s.w. 397 (Mo. bane 1911).) and Missouri Attorney General Opinion No. 54, Lo~kwoodr October 28, 1947, a copy of which is enclosed. Although you disc~$$ several. theories in your memorandum by which a future Mi.ssouri Supreme Court miqht decide this issue differently, the fact remains that the current answer, as discussed in the above c~ses and the prior opinion of the Attorney General, appears to be that real estate owned by the trustees of William Jewell College and leased for a profit is nonetheless exempt from ta~es . Stanley M. Thompson Until this position is attacked successfully in future litigation, it is the opinion of this office that the discussion of this issue in Attorney General Opinion No. 54, Lockwood, October 28, 1947, answers the question raised in your present request. Enclosure: Very truly yours, ~~~ WILLIAM L. l'lEBSTER Attorney General Opinion No. 54, Lockwood, October 28, 1947. - 2 -