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Local Governments May Tax Telecommunications Infrastructure, NY High Court Rules

The court unanimously affirmed a decision by the Appellate Division, Second Department that will compel T-Mobile to pay property taxes on a series of large cellular data transmission installations in the city of Mount Vernon, though the decision has wide-ranging implications for similar arrangements in municipalities statewide.

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TMobile Photo: Jonathan Weiss / Shutterstock.com

The New York Court of Appeals handed a victory to the state’s municipalities in a decision Thursday that found certain equipment owned by telecommunications companies is taxable under the state’s real property tax law, rejecting arguments from T-Mobile.

The court, in an opinion from Chief Judge Janet DiFiore, unanimously affirmed a decision by the Appellate Division, Second Department that will compel T-Mobile to pay property taxes on a series of large cellular data transmission installations in the city of Mount Vernon, though the decision has wide-ranging implications for similar arrangements in municipalities statewide.

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Dan M. Clark

Dan M. Clark

Dan M. Clark is the Albany reporter for the New York Law Journal. He covers the state Court of Appeals, the state legislature, state regulators, and more. Email Dan anytime at [email protected]

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