Ninety Six, LLC v. Wareham Fire Dist.

*751This appeal concerns the validity of water betterment assessments imposed by the Wareham fire district (district) on several large parcels of undeveloped land owned by the plaintiff. The district determined the amount of the assessments pursuant to G. L. c. 40, § 42K, which provides for a method of calculation based on "the total number of existing and potential water units to be served" by the new water mains, with "[p]otential water units ... calculated on the basis of zoning in effect at the date of assessment." Construing this language to allow consideration of the full development…