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fatlazyless · 06-21-2006, 12:59 PM

Tomorrow June 22 2006, the State of NH represented by the NH Attorney General is scheduled to have its' appeal concerning the state wide local school property tax heard by the NH Supreme Court. Earlier this year in a lawsuit involving the Town of Londonderry and some other towns, a superior court agreed that the state wide local school property tax was unconstitutional. The State of NH's appeal of that decision starts tomorrow to be heard by the five Supreme Court justices.

Here's my question. Now, the Meredith property tax which includes a local municipal, local school and county tax is due on Monday July 3. What happens if I pay the local school tax on July 3 and then say three weeks later, this tax is decided to be unconstitional? Another question: what happens if I do not pay the local school tax and it is say three weeks later decided to be unconstitutional?
In my opinion, it seems to me that a past due local school tax that has been declared unconstitutional is no longer owed to the town. However, the interest on the amount not paid is due because the tax was legal at the time it was due. An unconstitutinal decision by the Supremes would would make collection unenforcable since it's an illegal tax even though it was legal at the time it was due.

How's that sound?

06-21-2006, 12:59 PM	#23
fatlazyless Senior Member Join Date: Apr 2004 Posts: 8,752 Blog Entries: 1 Thanks: 300 Thanked 1,010 Times in 736 Posts	State of NH's appeal starts tomorrow Tomorrow June 22 2006, the State of NH represented by the NH Attorney General is scheduled to have its' appeal concerning the state wide local school property tax heard by the NH Supreme Court. Earlier this year in a lawsuit involving the Town of Londonderry and some other towns, a superior court agreed that the state wide local school property tax was unconstitutional. The State of NH's appeal of that decision starts tomorrow to be heard by the five Supreme Court justices. Here's my question. Now, the Meredith property tax which includes a local municipal, local school and county tax is due on Monday July 3. What happens if I pay the local school tax on July 3 and then say three weeks later, this tax is decided to be unconstitional? Another question: what happens if I do not pay the local school tax and it is say three weeks later decided to be unconstitutional? In my opinion, it seems to me that a past due local school tax that has been declared unconstitutional is no longer owed to the town. However, the interest on the amount not paid is due because the tax was legal at the time it was due. An unconstitutinal decision by the Supremes would would make collection unenforcable since it's an illegal tax even though it was legal at the time it was due. How's that sound?