Opinion

Int'l Woolen Co., Inc. v. Town of Sanford

Court
Superior Court of Maine
Filed
Sep 9, 2002
Status
Unpublished
On the bench
Paul A. Fritzsche
Cited by
0 cases
Authority
More cited than 34.1%

The opinion

STATE OF MAINE SUPERIOR COURT

CIVIL ACTION

YORK, ss. DOCKET NO. AP-02-004

INTERNATIONAL WOOLEN po

COMPANY, INC.,

Petitioner

v. ORDER DONALD L. GARBRECHT

LAW LIBRARY

TOWN OF SANFORD, SEP 12. WRua

Respondent

This is an appeal, pursuant to 36 M.R.S.A. §271(7), from a decision of the State

Board of Property Tax Review to dismiss an appeal by the plaintiff regarding its

property taxes on its industrial facility in Sanford. The parties do not dispute that all

but one time limit in the multi-step property tax appeal process has been met.

Once taxes have been committed the assessors may, on written application

filed within 185 days from commitment, abate a portion of the taxes. In this case

plaintiff made a written timely request to the assessor. If the taxpayer is not satisfied

with the decision of the assessor, further review for non-residential property valued

at $1,000,000 or more, such as in this case, is available initially before the Sanford

Board of Assessment Review, then by the State Board of Property Tax Review and

then by the Superior and finally Supreme Judicial Courts. 36 M.R.S.A. §§842 and

843. Each stage in the appellate process has deadlines for each appeal.

The issues before the State Board and now before the Superior Court involve

what happens when the assessor does not make a decision on the abatement

request. The key statute is 36 M.R.S.A. §842 which states:

“The assessors or municipal officers shall give to any person applying to them for an

abatement of taxes notice in writing of their decision upon the application within 10

days after they take final action thereon. The notice of decision must state that the

applicant has 60 days from the date the notice is received to appeal the decision. It

must also identify the board or agency designated by law to hear the appeal. If the

assessors or municipal officers, before whom an application in writing for the

abatement of a tax is pending, fail to give written notice of their decision within 60

days from the date of filing of the application, the application is deemed to have been

denied, and the applicant may appeal as provided in sections 843 and 844, unless the

applicant has in writing consented to further delay. Denial in this manner is final

action for the purposes of notification under this section but failure to send notice of

decision does not affect the applicant's right of appeal. This section does not apply to

applications for abatement made under section 841, subsection 2.”

It is not disputed by the parties that the assessor failed to give written notice of

his decision within 60 days from the date of filing of the application. It is also not

disputed that the plaintiff did not “in writing consent to further delay”. In the case

of Town of Vienna v. Kokernak, 612 A.2d 870, 874 (Me. 1992) the Law Court, in a

slightly different context, stated, without much background or commentary, that in

addition to cases of written consent the deadline would be extended if the “taxpayers

implicitly agreed to a delay.”

The State Board in the current case decided by a 3-2 vote that the taxpayer had

not implicitly agreed to a delay and that since the appeal to the town board was

untimely the appeal to the State ‘Board was as well. That factual finding is

sufficiently supported by the evidence and cannot be overturned. Likewise, while

the State Board could have been more precise, the State Board did not misinterpret

Kokernak to require an actual bi-lateral agreement where the assessor and the

taxpayer both agree by word of mouth to extend the deadline. The State Board

correctly focused on the taxpayer. ‘Did a representative of the plaintiff implicitly

agree, consent or acquiesce in a delay? The focus must be solely on the taxpayer as

the taxpayer, by implicitly consenting to a delay, is passing up an opportunity to

2

promptly appeal the next Board. It is a right that the taxpayer is not immediately

exercising and it is not necessary or appropriate for the municipality to have any say

in that decision.

While the State Board could have reached a different conclusion, its decision

is supported by the facts and is not erroneous as a matter of law.

The entry is:

Decision of the State Board of Property Tax Review of

December 11, 2001 is affirmed.

Dated: September 9, 2002 .

: ao

Paul A. Fritzsche /

Justice, Superior Court

PLAINTIFFS:

JOHN C BANNON ESQ

JOHN B SHUMADINE ESQ

MURRAY PLUMB & MURRAY

PO BOX 9785

PORTLAND ME 04104-5085

DEFENDANT

WILLIAM H DALE ESQ

JENSEN BAIRD GARDNER & HENRY

PO BOX 4510

PORTLAND ME 04112

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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