GEORGE v. TOWN OF CALAIS

No. 82-76.

373 A.2d 553 (1977)

Philip and Shirley GEORGE v. TOWN OF CALAIS et al.

Supreme Court of Vermont.

April 5, 1977.


Attorney(s) appearing for the Case

John K. Dunleavy of Burgess & Normand, Ltd., Montpelier, for plaintiffs.

Stephen C. Walke, Jr., of Paterson, Gibson, Noble & Brownell, Montpelier, for defendants.

Before BARNEY, C. J., LARROW, BILLINGS and HILL, JJ., and SHANGRAW, C. J. (Ret.), Specially Assigned.


BARNEY, Chief Justice.

The power to tax can destroy, and the power to exempt can generate unlikely characteristics. In this case it is argued that two storage silos should be regarded as machines, in order that they may be exempt from taxation under 32 V.S.A. § 3802(8). The listers did not accept this identification and taxed them. The trial court also found them taxable and the matter is now before us.

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