DENVER STREET LLC v. TOWN OF SAUGUS

SJC-10927.

462 Mass. 651 (2012)

DENVER STREET LLC v. TOWN OF SAUGUS (and three companion cases).

Supreme Judicial Court of Massachusetts. Essex.

June 29, 2012.


Attorney(s) appearing for the Case

Ira H. Zaleznik for town of Saugus.

James R. Senior for Denver Street LLC & others.

The following submitted briefs for amici curiae:

John L. Davenport for Conservation Law Foundation, Inc.

Martha Coakley , Attorney General, & Louis Dundin , Assistant Attorney General, for the Commonwealth.

Ben Robbins & Martin J. Newhouse for New England Legal Foundation & another.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, & GANTS, JJ.


IRELAND, C.J.

We granted the town of Saugus's (town's) application for further appellate review in these consolidated cases to determine whether a monetary charge imposed on the plaintiff developers (developers) for access to the town's sewer system is a lawful fee or an impermissible tax. After a bench trial, a Superior Court judge found that the charge was an unlawful tax. The Appeals Court affirmed. Denver St. LLC...

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