NEW HABITAT, INC. v. TAX COLLECTOR OF CAMBRIDGE

SJC-10033.

451 Mass. 729 (2008)

NEW HABITAT, INC. vs. TAX COLLECTOR OF CAMBRIDGE (and two companion cases).

Supreme Judicial Court of Massachusetts, Middlesex.

July 3, 2008.


Attorney(s) appearing for the Case

Christine Vargas Colmey for the plaintiff.

Elizabeth A. Lashway for the defendant.

Anthony M. Ambriano, for Board of Assessors of Boston & others, amici curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.


SPINA, J.

The plaintiff, New Habitat, Inc. (New Habitat), seeks to recover the taxes that it has paid on its real property. It claims that this property is exempt from taxes under G. L. c. 59, § 5, Third, as property of a "literary, benevolent, charitable or scientific institution." A judge in the Superior Court concluded that New Habitat was not entitled to a tax exemption under that statute and dismissed on summary judgment New Habitat's claims for recovery...

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