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GREENBERG v. BOARD OF ASSESSORS OF CAMBRIDGE

360 Mass. 418 (1971)

275 N.E.2d 149

DANIEL A. GREENBERG vs. BOARD OF ASSESSORS OF CAMBRIDGE & others.

Supreme Judicial Court of Massachusetts, Middlesex.

November 8, 1971.

Attorney(s) appearing for the Case

John M. Kahn (R. Lisle Baker with him) for the plaintiff.

Philip M. Cronin, City Solicitor, for the Board of Assessors of Cambridge.

William E. Searson, III, Assistant Attorney General (James P. Kiernan, Assistant Attorney General, with him) for the Commissioner of Corporations and Taxation.

John M. Harrington, Jr. (John V. Woodward with him) for The President and Fellows of Harvard College & another; John C. Wyman, for Massachusetts Institute of Technology, also with him.

Mark E. Gallagher, City Solicitor, for the Board of Assessors of Medford; William J. Bannan, Jr., City Solicitor, for the Board of Assessors of Waltham; Daniel D. Levenson, for Brandeis University; & Gordon L. Doerfer, for Trustees of Tufts College, joined in a brief.

Present: TAURO, C.J., REARDON, BRAUCHER, & HENNESSEY, JJ.

HENNESSEY, J.

This is an appeal from an interlocutory decree sustaining the demurrers of the defendants and from a final decree dismissing the bill in a suit for declaratory relief. The plaintiff was denied leave to amend.

We summarize the allegations contained in the bill. The plaintiff is the owner of real property subject to taxation under the provisions of G.L.c. 59 in the town of Sudbury and in the city of Cambridge, county of Middlesex. The defendant...

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