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SPINNAKER ISLAND & YACHT CLUB HOLDING TRUST v. BOARD OF ASSESSORS OF HULL

No. 98-P-800.

49 Mass. App. Ct. 20 (2000)

SPINNAKER ISLAND & YACHT CLUB HOLDING TRUST v. BOARD OF ASSESSORS OF HULL.

Court of Appeals of Massachusetts, Suffolk.

March 23, 2000.

Attorney(s) appearing for the Case

Brian P. Mansfield for the defendant.

Seth H. Emmer (William DeBear with him) for the plaintiff.

Present: ARMSTRONG, KASS, & RAPOZA, JJ.

KASS, J.

This is the first of two cases that consider whether municipalities may tax rights retained by the declarant of a condominium (developer) to build additional phases of the condominium.1 Here, the assessors of Hull assessed real estate taxes to Spinnaker Island and Yacht Club Holding Trust (taxpayer) for fiscal tax years 1996 and 1997, as owner of ten parcels of land (expansion parcels) on Spinnaker Island.2<...

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