Misty Gasiorowski secures Reversal and Rendering of Judgment in Favor of Client
After 4 ½ years of litigation, Misty Gasiorowski obtained a huge win at the First Court of Appeals for a firm client who provides housing and other services to low-income seniors.
The judgment reversed a decision by the Harris County Appraisal District to strip our client of its longstanding charitable tax exempt status. The appraisal district’s decision was based upon a narrow interpretation of Section 11.18(d) of the Texas Tax Code’s “without regard to the residents’ ability to pay” language and, for the first time on appeal, an argument that our client does not assume a burden of the community or state because it is funded by tenant payments and federal subsidies.
Though the case was initially remanded for further proceedings, on competing motions for rehearing, the First Court of Appeals decided that further proceedings were not necessary and rendered judgment in favor of our client. Based upon additional legal briefing to the Texas Supreme Court, the appraisal district’s petition for review of the judgment was denied.