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CITY OF BERLIN v. COUNTY OF COOS

No. 98-699.

146 N.H. 90 (2001)

CITY OF BERLIN v. COUNTY OF COOS

Supreme Court of New Hampshire.

March 1, 2001.

Attorney(s) appearing for the Case

Upton, Sanders & Smith, of Concord (Robert Upton II and Charles W. Grau on the brief, and Mr. Upton orally), for the plaintiff.

Waystack & King, of Colebrook (David D. King and Jonathan S. Frizzell on the brief, and Mr. Frizzell orally), for the defendant.

Carolyn M. Kirby, assistant county attorney, of Manchester, by brief, for the New Hampshire Association of Counties, as amicus curiae.

BRODERICK, J.

The defendant, County of Coos (county), appeals an order of the Superior Court (Nadeau, J.) ruling that requiring the City of Berlin (Berlin) to pay its county taxes in full would violate Part II, Article 5 of the New Hampshire Constitution unless the county gave Berlin a partial refund on its 1996 and 1997 county taxes to reflect a subsequent local abatement. We reverse.

I

The following facts either were stipulated by the parties...

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