Legal Opinion

Bemis Bro. Bag Co. v. Claremont

Supreme Court of New Hampshire

Decided January 29, 1954No. 4254PublishedCited by 16 opinions

1Opinion of the CourtLampron, J.

The relief granted in a petition for an abatement is equitable in nature. The plaintiff is entitled to be relieved of such sum, if any, as it has paid in excess of its share of the common tax burden. Amoskeag Mfg. Co. v. Manchester, 70 N. H. 200, 205. The issue is whether the plaintiff’s tax is greater than it should be with respect to the taxes of other property owners in the taxing district. Rollins v. Dover, 93 N. H. 448, 450. If the whole tax assessed against it does not exceed the sum which it ought to pay, plaintiff would not be entitled to an abatement because of an erroneous…

2Cited by16 opinions

  1. In Re the Appeals of Kents 2124 Atlantic Ave., Inc.Supreme Court of New Jersey · 1961
  2. Rocky Mountain Oil & Gas Ass'n v. State Board of Equalization, Department of Revenue & TaxationWyoming Supreme Court · 1988
  3. Idaho Telephone Company v. BairdIdaho Supreme Court · 1967
  4. Bade v. DrachmanCourt of Appeals of Arizona · 1966
  5. Sears, Roebuck & Co. v. State Tax CommissionCourt of Appeals of Maryland · 2001

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