Legal Opinion · Dissent

IBM Credit Corp. v. City of Bath

Supreme Judicial Court of Maine

Decided September 21, 1995Published

1DissentLipez, Justice

Because I believe that the Board improperly considered “value in use” in its determination of the just value of the computer equipment on April 1,1991 and April 1,1992, I respectfully dissent. The Constitution of the State of Maine requires that:

All taxes upon real and personal estate, assessed by authority of this State, shall be apportioned and assessed equally according to the just value thereof.

Me. Const, art. IX, § 8; see also 36 M.R.S.A. § 201 (1990). It is well-established under Maine law that “just value” is synonymous with true or market value. Shaumut Inn v. Town of Kennebunkport,…

2Cases cited7 opinions

  1. Kittery Electric Light Co. v. Assessors of KitterySupreme Judicial Court of Maine · 1966
  2. Alfred J. Sweet, Inc. v. City of AuburnSupreme Judicial Court of Maine · 1935
  3. Frank v. Assessors of SkowheganSupreme Judicial Court of Maine · 1974
  4. Shawmut Inn v. Inhabitants of KennebunkportSupreme Judicial Court of Maine · 1981
  5. Pittsburgh-Des Moines Steel Co. v. McLaughlinCommonwealth Court of Pennsylvania · 1983

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API