# Eagle Rental, Inc. v. City of Waterville

> Supreme Judicial Court of Maine · October 15, 1993 · 632 A.2d 130

URL: https://www.frixlaw.com/law-library/cases/9766447

## Case

- **Full name:** EAGLE RENTAL, INC. v. CITY OF WATERVILLE and Cynthia C. Michaud
- **Court:** Supreme Judicial Court of Maine
- **Decided:** October 15, 1993
- **Citations:** 632 A.2d 130; 1993 Me. LEXIS 185
- **Precedential status:** Published
- **Opinion:** Dissent by Wathen
- **Judges:** Wathen, Roberts, Glassman, Clifford, Collins, Rudman
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9766447

## Opinion text

WATHEN, Chief Justice,
dissenting.
I must respectfully dissent. It is evident that the Legislature did not contemplate the equipment rental business when it enacted 36 M.R.S.A. § 655(1)(B) in 1973. The exemption applies to stock in trade and specifically includes inventory held for resale. Black’s Law Dictionary defines “stock in trade” as “[t]he inventory carried by a retail business for sale in the ordinary course of business. Also, the tools and equipment owned and used by a tradesman.” Black’s Law Dictionary 1271 (5th ed. 1979). Although the equipment in question could be considered as inventory held for resale and thus exempt from taxation, it is principally inventory that is held for lease and, as such, is subject to taxation. The statute makes no provision for allocating between a taxable and an exempt use of the same inventory. Because we are required to strictly construe exemptions from taxation, see Advanced Med. Research Found. v. Cushing, 555 A.2d 1040, 1041 (Me.1989). I would affirm the decision of the Board of Assessment Review.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9766447. Public record. Not legal advice.