[¶ 1] Anthony Capodilupo, Grace Wales, and Richard Chutter (collectively, “the Taxpayers”) appeal from a summary judgment entered in the Superior Court (Lincoln County, Brennan, J.) in favor of the Town of Bristol and its Board of Selectmen/Assessors (collectively, “the Town”) in the Taxpayers’ action seeking a declaratory judgment. We affirm the judgment.
[¶ 2] In 1996, the Town of Bristol authorized a revaluation of the taxable real property located within the town. Thereafter, Parker Appraisal Company appraised and revalued all land and buildings within the town, including properties the Taxpayers owned. The Taxpayers sought a declaratory judgment that the Town’s assessment practices: (1) illegally failed to value town properties at their just value; (2) failed to value taxable real properties at their just value or fairly apportion the tax burden; and (3) failed to conform with the standards under 36 M.R.S.A. §§ 112, 328, 330, and 331 (1990 & Supp.1998). In response, the Town requested a summary judgment in its favor on the basis that: (1) the Taxpayers were not entitled to challenge the valuation of their properties in a declaratory judgment action pursuant to the Declaratory Judgments Act, 14 M.R.S.A. §§ 5951-5963 (1980); and (2) the Taxpayers’ only recourse was through the statutory abatement process set forth in 36 M.R.S.A. §§ 841(1) and 844(1) (1990 & Supp.1998), with appeal to the Superior Court pursuant to M.R. Civ. P. 80B. The Superior Court declined to issue the declaratory judgment the Taxpayers sought, and granted a summary judgment in favor of the Town. This appeal followed.
[¶ 3] We review a trial court’s refusal to issue a declaratory judgment for an abuse of discretion.
See Maine Cent. R.R. Co. v. Town of Dexter,
[¶ 4] The administrative abatement process is a proper vehicle to “correct any illegality, error or irregularity in assessment.” 36 M.R.S.A. § 841. An application for an administrative abatement is a proper means to obtain a remedy when the
tax assessment is excessive (e.g.,
the assessment was overvalued or discriminatorily excessive, but the tax was otherwise lawful).
See S.D. Warren Co. v. Town of Standish,
The entry is:
Judgment affirmed.
