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VERIZON NEW ENGLAND v. CITY OF ROCHESTER

No. 2003-572

151 N.H. 263 (2004)

VERIZON NEW ENGLAND, INC. v. CITY OF ROCHESTER

Supreme Court of New Hampshire

Opinion Issued: July 16, 2004

Attorney(s) appearing for the Case

McLane, Graf, Raulerson & Middleton, P.A., of Manchester (Jack B. Middleton and Scott H. Harris on the brief, and Mr. Middleton orally), for the plaintiff.

Wensley, Wirth & Azarian, P.L.L.C., of Rochester (Danford J. Wensley on the brief and orally), for the defendant.

Ransmeier & Spellman, P. C., of Concord (Dom S. D'Ambruoso and John T. Alexander on the brief), for the New Hampshire Telephone Association, as amicus curiae.

DUGGAN, J.

The plaintiff, Verizon New England, Inc. (Verizon), appeals a decision of the Superior Court (T. Nadeau, J.) ruling that the defendant, City of Rochester (city), could impose a real estate tax on Verizon for its use of the public ways. The city cross-appeals, arguing that the trial court's decision to grant Verizon's petitions for tax abatement in part was erroneous. We affirm in part, vacate in part, reverse...

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