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CITY OF LEWISTON v. TRI-STATE RUBBISH

671 A.2d 955 (1996)

CITY OF LEWISTON v. TRI-STATE RUBBISH, INC.

Supreme Judicial Court of Maine.

Decided February 16, 1996.

Attorney(s) appearing for the Case

Robert S. Hark (orally), City Attorney, City of Lewiston, Lewiston, for Plaintiff.

Ralph A. Dyer (orally), Portland, for Defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, RUDMAN, DANA, and LIPEZ, JJ.

LIPEZ, Justice.

The City of Lewiston appeals from the judgment entered in the Superior Court (Androscoggin County, Fritzsche, J.) granting a summary judgment to defendant Tri-State Rubbish. The City contends that dumpsters owned by Tri-State and located in Lewiston are personal property taxable where situated pursuant to 36 M.R.S.A. § 603(2)(C) (1990). Tri-State contends that the dumpsters are taxable in Minot, where it resides,1

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