BERRY v. DAIGLE


322 A.2d 320 (1974)

Henry N. BERRY, III v. Gerald E. DAIGLE, Tax Assessor for the Town of Cape Elizabeth and State of Maine, and State of Maine, Defendant-Intervenor.

Supreme Judicial Court of Maine.

July 12, 1974.


Attorney(s) appearing for the Case

Henry N. Berry, III, County Atty., in pro. per.

Charles P. Barnes, II, Portland, Waldemar G. Buschmann, Asst. Atty. Gen., Bureau of Taxation, Augusta, for defendant-intervenor.

Before DUFRESNE, C. J., and WEATHERBEE, POMEROY, WERNICK, ARCHIBALD and DELAHANTY, JJ.


DELAHANTY, Justice.

On report from the Superior Court (Cumberland County), this case concerns the constitutionality of the 1972 poll tax1 levied on the Plaintiff by the State of Maine in the person of the Defendant, tax assessor for the Town of Cape Elizabeth, wherein the Plaintiff resides and was assessed.

The essential facts of this case are few and simple. Pursuant to 36 M.R.S.A. § 1381, the tax assessor for the Town of...

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