Crown Paper Co. v. City of Berlin

703 A.2d 1387, 142 N.H. 563, 1997 N.H. LEXIS 133
CourtSupreme Court of New Hampshire
DecidedDecember 31, 1997
DocketNo. 96-423
StatusPublished
Cited by12 cases

This text of 703 A.2d 1387 (Crown Paper Co. v. City of Berlin) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crown Paper Co. v. City of Berlin, 703 A.2d 1387, 142 N.H. 563, 1997 N.H. LEXIS 133 (N.H. 1997).

Opinion

BRODERICK, J.

Crown Paper Co. d/b/a Crown Vantage and its subsidiary, James River-N.H. Electric, Inc., (collectively Crown Vantage) appeal a Superior Court {Smith, J.) order substantially denying requested tax abatements for tax years 1993 and 1994. We reverse in part, affirm in part, and remand.

The City of Berlin (city) assessed property of James River Paper Company, Inc., James River-N.H. Electric, Inc., and Berlin Mills Railway (BMR), which were subsequently acquired by Crown Vantage. Crown Vantage owns and operates a wood pulp mill and three hydroelectric facilities located in Berlin. The pulp mill consists of a chemical processing facility capable of producing pulp, which is transferred to the paper mill in neighboring Gorham. The facility includes paper machines, bleachers, dryers, boilers and [566]*566steam turbines, storage and other tanks, a new chemical recovery unit, computer control rooms, buildings, land improvements, and infrastructure.

The hydroelectric facilities use water to generate electricity and include dams, waterways, penstocks, buildings, hydroelectric turbines and generators, controls, switch gears, and other accessories. The mill grounds are surrounded by an electrical system that receives high voltage electricity from Gorham and transforms it into electricity for the mill.

In 1993, as part of a general revaluation, the city increased the valuation of Crown Vantage’s property from approximately $47 million to $97 million. In 1994, the city again increased the valuation to approximately $153 million. Crown Vantage sought abatements for both tax years on the basis that approximately $45 million of the 1993 valuation and $101 million of the 1994 valuation derived from nontaxable factory machinery and other property not subject to tax as a matter of law. The disputed assessments involved the land, buildings, and certain production equipment comprising the pulp mill, two pipelines that carry processed pulp to the paper mill in Gorham, and a railroad repair shop.

With the exception of hydroelectric turbines and generators, the superior court found all of the disputed property taxable. On appeal, Crown Vantage argues that the trial court erred as a matter of law in finding the disputed property taxable and in accepting the city’s valuation.

This court reviews questions of law de novo. See Fleet Bank-N.H. v. Chain Const. Corp., 138 N.H. 136, 139, 635 A.2d 1348, 1350 (1993). Findings of fact, however, are overturned only if unsupported by the evidence. See Carrier v. McLlarky, 141 N.H. 738, 740, 693 A.2d 76, 78 (1997).

I

Crown Vantage argues that the trial court committed reversible error in defining “factory machinery” and in subsequently applying its definition to the disputed property. The trial court ruled that RSA 72:6 (1991) authorized the city to tax all property of Crown Vantage, except for its hydroelectric turbines and generators. The trial court concluded that the items of property in dispute were not factory machinery, and hence immune from local property taxes, because they lacked moving parts. The court reasoned that the disputed items were fixtures intimately intertwined with the underlying realty and, thus, taxable under RSA 72:6.

[567]*567Absent legislative authority, taxes cannot be assessed in New Hampshire. N.E. Tel. & Tel. Co. v. City of Franklin, 141 N.H. 449, 452, 685 A.2d 913, 916 (1996). “This court is the final arbiter of the intent of the legislature as expressed in the words of a statute considered as a whole.” Cheever v. Southern N.H. Regional Med. Ctr., 141 N.H. 589, 590-91, 688 A.2d 565, 566-67 (1997) (quotation and brackets omitted).

To some extent, this case involves the interplay between RSA 72:6, which declares “all real estate [taxable] except as otherwise provided,” and RSA 72:7 (1991), which identifies specific classes of property that are deemed to be real estate and therefore taxable. Cf. Kolodny v. Laconia, 96 N.H. 338, 338, 76 A.2d 507, 508 (1950) (noting legislature’s power to deem property taxable regardless of its classification at common law). The predecessor to RSA 72:7 — RS 39:2 (1842) — provided, inter alia, that “buildings, mills, carding machines, factory buildings and machinery, wharves, ferries, toll bridges, locks and canals, shall for the purpose of taxation be deemed real estate.” Although this statute was amended several times prior to 1970, see, e.g., GS 49:3 (1867); Laws 1917, 6:1, factory machinery continued to be taxable as real estate. In 1970, as part of a larger change in the tax system featuring the enactment of the business profits tax, RSA 72:7 was amended and “machinery” deleted. By creating the business profits tax while simultaneously removing classes of property from taxation, the State shifted from taxing factory machinery to taxing business profits. To supplant local property tax losses suffered by cities and towns as a consequence of the new scheme, the State provided revenue sharing in amounts equal to the previous taxes collected. Laws 1970, 5:16; Opinion of the Justices, 110 N.H. 117, 120-21, 262 A.2d 290, 293 (1970) (reprinting excerpt from the Report of the Citizens Task Force). These changes, both within RSA 72:7 and throughout the tax system, evidence the legislature’s intention to exempt factory machinery from real estate taxation after 1970.

The city argues that despite the 1970 amendment to RSA 72:7, certain factory machinery, namely bulky items and fixtures, remained taxable under RSA 72:6. In sum, the city proposes that prior to 1970, RSA 72:7 authorized a tax on a subclass of factory machinery not otherwise taxable under RSA 72:6. Therefore, the city asserts that the 1970 amendment did not affect factory machinery taxable under RSA 72:6. We need not address this argument because, as discussed, the trial court correctly recognized that after 1970, factory machinery was no longer subject to tax.

[568]*568The city next argues that the trial court correctly held that the disputed property is not “factory machinery.” The trial court found that the definition this court earlier supplied for “machinery,” see Kolodny, 96 N.H. at 339, 76 A.2d at 508, as the term was used in RSA 72:7, was ambiguous. It therefore sought a dictionary definition and ultimately concluded that machinery, to be so classified, required moving parts.

The trial court’s definition is not only unduly narrow and ignores the qualities of machinery in the modern age, see Gulf Oil Corporation v. City of Philadelphia, 53 A.2d 250, 253-54 (Pa. 1947), but it is also at odds with earlier opinions of this court.1 As interpreted by this court, the word “machinery” in RSA 72:7 meant “certain instruments of production or machines which by their nature are designed for use in connection with real estate whether or not they are part of or attached to the realty.” Kolodny, 96 N.H. at 339, 76 A.2d at 508; see Bull v. Gowing, 85 N.H. 483, 485, 160 A. 475, 476 (1932). While this interpretation of machinery was admittedly broad, we later adopted an interpretation that limited “machinery” to “factory machinery,” consistent with administrative interpretations and legislative acceptance.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

DirecTV, Inc. v. Town of New Hampton
164 A.3d 371 (Supreme Court of New Hampshire, 2017)
Gail A. Ellis v. Stephen M. Currier
Supreme Court of New Hampshire, 2015
Appeal of Pennichuck Water Works, Inc.
992 A.2d 740 (Supreme Court of New Hampshire, 2010)
Appeal of Walsh
934 A.2d 528 (Supreme Court of New Hampshire, 2007)
General Linen Services, Inc. v. Smirnioudis
897 A.2d 963 (Supreme Court of New Hampshire, 2006)
Gulf Insurance v. AMSCO, Inc.
889 A.2d 1040 (Supreme Court of New Hampshire, 2005)
Cohoon v. IDM Software, Inc.
891 A.2d 552 (Supreme Court of New Hampshire, 2005)
T&M Associates, Inc. v. Goodrich
834 A.2d 369 (Supreme Court of New Hampshire, 2003)
Klar v. Mitoulas
767 A.2d 401 (Supreme Court of New Hampshire, 2000)
Schneider v. Plymouth State College
744 A.2d 101 (Supreme Court of New Hampshire, 1999)
Bezanson v. Hampshire Meadows Development Corp.
742 A.2d 112 (Supreme Court of New Hampshire, 1999)
Appeal of Town of Pelham
736 A.2d 1223 (Supreme Court of New Hampshire, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
703 A.2d 1387, 142 N.H. 563, 1997 N.H. LEXIS 133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crown-paper-co-v-city-of-berlin-nh-1997.