Legal Opinion

Sears, Roebuck & Co. v. City of Somerville

Massachusetts Supreme Judicial Court

Decided June 21, 1973PublishedCited by 23 opinions

1Opinion of the CourtHennessey, J.

This is an appeal from an order of a Superior Court judge sustaining the defendant’s demurrer to the plaintiff’s declaration in an action of contract.

The facts as stated in the declaration are as follows. The plaintiff (Sears) owns a warehouse and 351,020 square feet of land in the city of Somerville. On September 7, 1971, the city issued a bill for property taxes for the year 1971. The property was assessed at $736,500 and the tax due was $130,851.45. On November 3, 1971, Sears paid the tax under protest. A sales ratio study has been made concerning 348 sales of real estate in Somer-ville…

2Cases cited15 opinions

  1. Gorham Manufacturing Co. v. State Tax CommissionSupreme Court of the United States · 1924
  2. Bettigole v. Assessors of SpringfieldMassachusetts Supreme Judicial Court · 1961
  3. SHOPPERS'WORLD v. Board of Assessors of FraminghamMassachusetts Supreme Judicial Court · 1965
  4. Western Union Telegraph Co. v. Missouri Ex Rel. GottliebSupreme Court of the United States · 1903
  5. Glidden v. HarringtonSupreme Court of the United States · 1903

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3Cited by23 opinions

  1. East Chop Tennis Club v. Massachusetts Commission Against DiscriminationMassachusetts Supreme Judicial Court · 1973
  2. Gifford v. Planning BoardMassachusetts Supreme Judicial Court · 1978
  3. Sydney v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1976
  4. New England Legal Foundation v. City of BostonMassachusetts Supreme Judicial Court · 1996
  5. Tregor v. Board of Assessors of BostonMassachusetts Supreme Judicial Court · 1979

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