Spinnaker Island & Yacht Club Holding Trust v. Board of Assessors

This is the first of two cases that consider whether municipalities may tax rights retained by the declarant of a condominium (developer) to build additional phases of the condominium.1 Here, the assessors of Hull assessed real estate taxes to Spinnaker Island and Yacht Club Holding Trust (taxpayer) for fiscal tax years 1996 and 1997, as owner of ten parcels of land (expansion parcels) on Spinnaker Island.2 The Appellate Tax Board (board), after proceedings under its formal procedure,3 decided that the expansion parcels were part of the condominium’s common area as defined by G. L. c. 183A, *21§…