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SILVA v. CITY OF ATTLEBORO

No. 07-P-488.

72 Mass. App. Ct. 450 (2008)

PAUL F. SILVA v. CITY OF ATTLEBORO & others.

Appeals Court of Massachusetts, Bristol.

August 27, 2008.

Attorney(s) appearing for the Case

Martin A. Silva for the plaintiff.

Robert S. Mangiaratti for city of Attleboro.

Steven A. Torres, City Solicitor, for city of Taunton, was present but did not argue.

Anthony A. Kamara, for city of New Bedford, was present but did not argue.

Present: CYPHER, BROWN, & GRAHAM, JJ.

CYPHER, J.

We are asked, again, to determine whether a monetary charge by each of the defendant cities for the issuance of a burial permit is a valid fee or an improper tax.2 The plaintiff, Paul F. Silva, is a licensed funeral director who performs funeral services in communities generally in Bristol County. He appeals from a Superior Court judgment holding, after a bench trial, that...

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