COMPTROLLER v. CLISE COAL

No. 654, September Term, 2006.

920 A.2d 561 (2007)

173 Md. App. 689

COMPTROLLER OF THE TREASURY v. CLISE COAL, INC.

Court of Special Appeals of Maryland.

April 5, 2007.


Attorney(s) appearing for the Case

John K. Barry (Gerald Langbaum, J. Joseph Curran, Jr., Attorney General, on the brief), Annapolis, MD, for Appellant.

James E. Walsh, Cumberland, MD, for Appellee.

PANEL: DAVIS, EYLER, JAMES R. WOODWARD, JJ.


EYLER, JAMES R., J.

The Comptroller of the Treasury, appellant/cross-appellee ("appellant"), appeals from an order of the Circuit Court for Allegany County, reducing a motor fuel tax assessment against Clise Coal Co., Inc., appellee/cross-appellant ("appellee"), from $9,036.28 to $5,491.90. The circuit court reasoned that a portion of the assessment, affirmed by the Maryland Tax Court, was not supported by substantial evidence.

On appeal, appellant contends...

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