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KENISTON v. BOARD OF ASSESSORS OF BOSTON

380 Mass. 888 (1980)

407 N.E.2d 1275

KENNETH KENISTON & others vs. BOARD OF ASSESSORS OF BOSTON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 19, 1980.

Attorney(s) appearing for the Case

Evan Y. Semerjian (John J. Regan with him) for the plaintiffs.

Walter H. McLaughlin, Jr. (Walter H. McLaughlin, Sr., with him) for the Board of Assessors of Boston & another.

James A. Aloisi, Jr., Assistant Attorney General (Donald K. Stern, Assistant Attorney General, with him) for the Appellate Tax Board.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, WILKINS, LIACOS, & ABRAMS, JJ.

HENNESSEY, C.J.

This action, coming before us on reservation and report by a single justice of this court, attacks the constitutionality of that portion of §§ 10 and 24 of St. 1979, c. 797,3 which limits the remedy available to a taxpayer whose property has been disproportionately assessed. The plaintiffs seek a declaratory judgment pursuant to G.L.c. 231A. Briefly stated, the plaintiffs, each of whom is a Boston real estate...

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