French v. Board of Assessors of Boston
French v. Board of Assessors of Boston
Opinion of the Court
These consolidated cases are appeals pursuant to G. L. c. 58A, § 13, from the decisions of the Appellate
The determination whether single family residences constitute a “class” for tax abatement purposes is a mixed question of fact and law. As the board is a State agency charged with administering the tax abatement process, its determination is due some deference. See Henry Perkins Co. v. Assessors of Bridgewater, 377 Mass. 117, 121-122 (1979). We have long recognized the board’s expertise in tax matters. See Assessors of Quincy v. Boston Consol. Gas Co., 309 Mass. 60, 72 (1941). The board has adequately set forth and the record supports the factual predicates for its determination.
The decisions of the Appellate Tax Board are therefore affirmed. Costs of the appeal are to be awarded to the taxpayer in each case.
So ordered.
Justice Kaplan participated in the deliberation on this case, but retired before the opinion was issued.
Article 112 of the Amendments to the Massachusetts Constitution, approved and ratified by the people November 7, 1978, and inserted in the first paragraph of Part II, c. 1, § 1, art. 4, of the Constitution, provides in pertinent part that the Legislature “may classify real property according to its use in no more than four classes and to assess, rate and tax such property differently in the classes so established, but proportionately in the same class . . . .”
Statute 1979, c. 797, § 11, codified as G. L. c. 59, § 2A, provides that property shall be assessed according to four classifications: residential, open-space, commercial, and industrial. Residential property is defined to include single as well as multiple dwelling unit residences.
The board found: “the R-l class of property is one of the two or three largest classes of real property in the City of Boston in terms of its total area, number of parcels, total assessed value, and total estimated full valuation” and it “is assessed at a lower percentage of fair cash value than any other class of property in the City of Boston.”
Statute 1979, c. 797, § 25, provides that § 10 of that chapter applies to “classification of all property for the fiscal years commencing on or after July first, nineteen hundred and eighty.” Moreover, we recently held that retroactive application of St. 1979, c. 797, prior to fiscal 1980 would be unconstitutional in so far as it would alter the previous state of the tax abatement law as relied upon by the taxpayers. See Keniston v. Assessors of Boston, 380 Mass. 888, 903-906 (1980).
Concurring Opinion
(concurring, with whom Hennessey, C.J., joins). If one accepts the view expressed by the court in
Reference
- Full Case Name
- William E. French vs. Board of Assessors of Boston (And Ten Companion Cases)
- Cited By
- 23 cases
- Status
- Published