Suit contends N.H. town biased on AIDS facility

He said the home initially failed to file its application for the exemption and when it did, the town refused to approve a late application, though it routinely granted exemptions to nonprofits that file late or not at all.

“It’s an egregious violation of constitutional equal treatment,’’ Klein said.

The town’s lawyer, Gary Kinyon, could not be reached yesterday.

Klein said GLAD filed its suit in Cheshire County Superior Court seeking immediate relief since the town planned to take the property this week. Last week, the town agreed to take no action to have the deed transferred to the town until the lawsuit is settled.

The group home and town have had legal differences in the past, said Klein.

GLAD sued Gilsum in 2008 after the town put up roadblocks to the wellness house operating on the site of a former group home for neglected girls, according to Klein.

The reaction to people with HIV, AIDS, and Hepatitis C living in town was based on fears and stereotypes, he said.

“The town imposed conditions on who could live at the house,’’ Klein said.

They settled the case and most of the restrictions were removed, he said.

The new lawsuit contends the town’s selectmen are discriminating against the home by refusing to grant its applications for tax exemptions. Gilsum always treated property held by other charitable organizations as tax exempt, even if they did not file for an exemption, according to the lawsuit.

“For example, the American Legion did not file an application in the years 2004-2009 and the Gilsum Congregational Church did not file an application in the years 2005, 2007, 2008 or 2009. Yet, Gilsum treated their real property as tax exempt,’’ the lawsuit said.