TOWN OF WALTHAM v. PPL MAINE, LLC


901 A.2d 816 (2006)

2006 ME 88

TOWN OF WALTHAM v. PPL MAINE, LLC.

Supreme Judicial Court of Maine.

Decided: July 21, 2006.


Attorney(s) appearing for the Case

Charles E. Gilbert III, Julie D. Farr, Gilbert & Greif, P.A., Bangor, for plaintiff.

Sidney St.F. Thaxter, David P. Silk, Curtis Thaxter Stevens Broder & Micoleau, L.L.C., Portland, for defendants.

Panel: SAUFLEY, C.J., and CLIFFORD, DANA, CALKINS, LEVY, and SILVER, JJ.


CALKINS, J.

[¶ 1] This case concerns whether a hydroelectric company that owns a generating plant, a dam, and the flowage rights associated with the dam is liable for municipal property taxes for the submerged land beneath the lake created by the dam when the company does not own the land itself. The Town of Waltham appeals from a summary judgment entered in the Superior Court (Hancock County, Mead, J.) in favor of PPL Maine, LLC. The Town contends that...

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