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BCN TELECOM, INC. v. STATE TAX ASSESSOR

Docket: Ken-15-541.

151 A.3d 497 (2016)

2016 ME 165

BCN TELECOM, INC. v. STATE TAX ASSESSOR.

Supreme Judicial Court of Maine.

Decided: November 8, 2016.

Attorney(s) appearing for the Case

Janet T. Mills , Attorney General, and Kimberly L. Patwardhan , Asst. Atty. Gen., (orally), Office of the Attorney General, Augusta, for appellant State Tax Assessor.

Michael L. Sheehan, Esq. , and Michael S. Smith, Esq. , Preti Flaherty Beliveau & Pachios, LLP, Portland, and John W. Sullivan III, Esq. , (orally), Sullivan & Associates, P.C., New York, New York, for appellee BCN Telecom, Inc.

Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.

[¶ 1] The State Tax Assessor appeals from a summary judgment entered by the Superior Court (Kennebec County, Murphy, J.) in favor of BCN Telecom, Inc., on BCN's appeal from the assessment of a state service provider tax, 36 M.R.S. § 2552(1)(E) (2011),1 on certain flat charges that BCN imposed...

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