MacDowell Colony - Property-tax Exemption Dispute

Property-tax Exemption Dispute

The colony, a non-profit organization, enjoys the status of a charity, entitling it to exemption from local property taxes, among other things. However, in 2005, the town of Peterborough's selectmen (local-government executives) decided to challenge MacDowell's charitable status and billed the colony for a "payment in lieu of taxes". A lawyer for the town argued that "the colony certainly benefits its artists-in-residence, but that doesn't strike us as being the general public."

The colony's board of directors paid the bill, then successfully challenged the charge. A 2007 Superior Court opinion found that the MacDowell Colony, by promoting the arts, was a charitable institution, a ruling that was upheld by the Supreme Court in a subsequent appeal. The appeal court found that "Contrary to the Town's assertions, MacDowell's articles of incorporation oblige it to use its property for its stated charitable purpose."

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