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MASHPEE WAMPANOAG INDIAN TRIBAL v. BD. OF ASSESSORS

379 Mass. 420 (1980)

398 N.E.2d 724

MASHPEE WAMPANOAG INDIAN TRIBAL COUNCIL, INC. vs. BOARD OF ASSESSORS OF MASHPEE.

Supreme Judicial Court of Massachusetts, Suffolk.

January 7, 1980.

Attorney(s) appearing for the Case

Joseph J. Reardon for the defendant.

Thomas N. Tureen for the plaintiff.

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

WILKINS, J.

The Appellate Tax Board (board) determined that a parcel of land owned by the Mashpee Wampanoag Indian Tribal Council, Inc. (council), had no fair cash value because of restrictions contained in the deed by which the council acquired the parcel from the town of Mashpee. The assessors have appealed. We rule that the deed restrictions do not compel a determination as a matter of law that the parcel has no value. We reverse the board's decision and remand...

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