KUSHELL v. DNR

No. 96, September Term, 2004.

870 A.2d 186 (2005)

385 Md. 563

Charles J. KUSHELL, IV v. DEPARTMENT OF NATURAL RESOURCES.

Court of Appeals of Maryland.

March 14, 2005.


Attorney(s) appearing for the Case

J. Dirk Schwenk (Lochner and Schwenk, LLC, Annapolis, on brief), for appellant.

Saundra K. Canedo, Asst. Atty. Gen. (J. Joseph Curran, Jr., Marianne D. Mason, Asst. Atty. Gen., on brief), for appellee.

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


RAKER, J.

In this case we consider whether Maryland tax liability under § 8-716(c)(1)(iv) of the State Boat Act for "[t]he possession within the State of a vessel purchased outside the State to be used principally in the State" requires that the out-of-state purchase have been made with an intent to use the vessel principally in Maryland. We find that the plain language of the statute requires this result. Both parties to this appeal agree that appellant Charles...

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