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TRUST. OF SMITH COLLEGE v. BD. OF ASSESSORS OF WHATELY

385 Mass. 767 (1982)

434 N.E.2d 182

TRUSTEES OF SMITH COLLEGE vs. BOARD OF ASSESSORS OF WHATELY.

Supreme Judicial Court of Massachusetts, Suffolk.

April 9, 1982.

Attorney(s) appearing for the Case

Edward W. Pepyne, Jr., for the Board of Assessors of Whately.

Robert W. Meserve (Joanne E. Barker with him) for the taxpayer.

Francis J. Vaas, George Marshall Moriarty, & John H. Mason, for Mount Holyoke College & others, amici curiae, submitted a brief.

Present: HENNESSEY, C.J., LIACOS, NOLAN, LYNCH, & O'CONNOR, JJ.

LIACOS, J.

The board of assessors of Whately (assessors) has appealed from a decision of the Appellate Tax Board (board) holding that certain unimproved property owned by the Trustees of Smith College was exempt from real estate taxation for the fiscal year 1979, pursuant to G.L.c. 59, § 5, Third.1

The facts underlying this appeal are as follows. Some time in the 1970's Smith College...

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