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TURNERS FALLS LIMITED PARTNERSHIP v. BOARD OF ASSESSORS OF MONTAGUE.

No. 99-P-2020.

54 Mass. App. Ct. 732 (2002)

TURNERS FALLS LIMITED PARTNERSHIP v. BOARD OF ASSESSORS OF MONTAGUE.

Court of Appeals of Massachusetts, Suffolk.

May 14, 2002.

Attorney(s) appearing for the Case

Jay E. Gruber (Kevin Batt with him) for the taxpayer.

Ellen M. Hutchinson for Board of Assessors of Montague.

Philip Burling & Kevin Conroy, for PG&E Generating, amicus curiae, submitted a brief.

Present: BROWN, KASS, & KANTROWITZ, JJ.

KASS, J.

In their presentation to the Appellate Tax Board (board), the parties debated whether the income stream from a government-sponsored contract should be a factor in determining the fair market value of the taxpayer's real property, an electric power plant. Although the board's decision unmistakably reflects that it regarded the government-related income stream as a significant valuation factor, the board rested...

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