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Judge Allows Boston Property-Tax Suit to Proceed, Orders Limited Discovery

The case probes claims of retaliation against commercial owners who appealed their assessments.

Overview

  • Suffolk Superior Court denied Boston’s motion to dismiss and authorized targeted discovery to test whether an Add-Back Policy existed.
  • The complaint alleges the city raised assessed values for properties with pending tax appeals to match the prior year’s higher figure, affecting at least about 60 owners.
  • HS 148SST LLC, owner of an 11-story office at 148 State Street, filed the case and is represented by the Pioneer New England Legal Foundation and Sullivan & Worcester.
  • A scheduling hearing is planned, and the plaintiff’s lawyers say discovery in superior court cases often runs eight months to a year before any decision on the facts.
  • The judge warned that such a policy, if proven, could deter owners from seeking abatements through the state Appellate Tax Board, which hears challenges to local tax bills.