BD OF ASSESSORS, LYNNFIELD v. NEW ENGLAND OYSTER HOUSE


362 Mass. 696 (1972)

290 N.E.2d 520

BOARD OF ASSESSORS OF LYNNFIELD vs. NEW ENGLAND OYSTER HOUSE, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

December 8, 1972.


Attorney(s) appearing for the Case

S. Peter Gorshel, Town Counsel, for the Board of Assessors of Lynnfield.

Francis C. McGrath for the taxpayer.

Present: TAURO, C.J., REARDON, HENNESSEY, KAPLAN, & WILKINS, JJ.


WILKINS, J.

The board of assessors of Lynnfield appeals from the decision of the Appellate Tax Board (the board) granting abatements of 1969 and 1970 real estate taxes to the New England Oyster House, Inc. (New England).

New England operates a restaurant in Lynnfield on the northbound side of Route 1, a main divided highway often called the Newburyport Turnpike. The restaurant is situated on approximately three and one-half acres, of which about two acres...

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