CITY OF LEWISTON v. GLADU

Docket: And-11-269

40 A.3d 964 (2012)

2012 ME 42

CITY OF LEWISTON v. Robert R. GLADU.

Supreme Judicial Court of Maine.

Decided: March 27, 2012.


Attorney(s) appearing for the Case

Scott J. Lynch, Esq. , Hornblower Lynch Rabasco & VanDyke, P.A., Lewiston, for appellant Robert R. Gladu.

David W. Bertoni, Esq. , and Anne M. Torregrossa, Esq. , Brann & Isaacson, Lewiston, for cross-appellant City of Lewiston.

Panel: ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.


JABAR, J.

[¶ 1] Robert R. Gladu appeals, and the City of Lewiston cross-appeals, from a summary judgment entered in Superior Court (Androscoggin County, MG Kennedy, J.) in favor of the City concluding that, there being no genuine issue of material fact, the City's stormwater assessment is a fee and not a tax. Gladu argues that there is a genuine issue of material fact and further argues that the assessment is an illegal tax because it does not meet the...

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