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RAN-MAR, INC. v. TOWN OF BERLIN

No. 05-311.

912 A.2d 984 (2006)

2006 VT 117

RAN-MAR, INC., R & G Properties II, Inc. and R & G Properties III, Inc. v. TOWN OF BERLIN and Joadi Tracey, Treasurer and Collector of Current and Delinquent Taxes of the Town of Berlin.

Supreme Court of Vermont.

November 17, 2006.

Attorney(s) appearing for the Case

Kathleen B. O'Neill and Philip H. White of Wilson & White, P.C., Montpelier, for Plaintiffs-Appellants.

Marikate E. Kelley and Philip C. Woodward of Woodward & Kelley, P.L.L.C., South Burlington, for Defendants-Appellees.

Present: REIBER, C.J., and DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

BURGESS, J.

¶ 1. This case arises out of a group of tax sales by the Town of Berlin to satisfy delinquent tax payments for properties owned by three related corporate entities: Ran-Mar, Inc.; R & G Properties II, Inc.; and R & G Properties III, Inc. (collectively, "taxpayers"). Taxpayers challenged the Town's actions, claiming that the Town exceeded its statutory taxing authority under 32 V.S.A. § 5254(a) by collecting "interest" and "penalties"...

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