SCHWARTZ v. DNR

No. 94, September Term, 2004.

870 A.2d 168 (2005)

385 Md. 534

Robert A. SCHWARTZ, et al. v. MARYLAND DEPARTMENT OF NATURAL RESOURCES.

Court of Appeals of Maryland.

March 14, 2005.


Attorney(s) appearing for the Case

Matthew A. Egeli (Hartman and Egeli, LLP, Anapolis, on brief), for appellants.

Rachel L. Eisenhauer, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), for appellee.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA, and GREENE, JJ.


RAKER, J.

We must decide in this case whether appellants were required to pay Maryland excise tax under section 8-716(c) of the State Boat Act, Md.Code (1973, 2000 Repl. Vol), §§ 8-701 et seq. of the Natural Resources Article. We shall hold that appellants are liable for the tax, albeit for different reasons than were relied upon by the Circuit Court.

I.

On June 9, 2000, appellants Robert and Joanne Schwartz purchased a new Symbol...

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