Legal Opinion

Harlow v. Bd. of Assessors of Kingston

Massachusetts Appeals Court

Decided April 11, 2018No. 17–P–820Published

1Opinion of the Court

The taxpayers appeal from the dismissal of their four abatement appeals by the Appellate Tax Board (board) for lack of prosecution, and from the board's denial of their motion, in effect, to reconsider. We affirm.

An adjudicatory body such as the board possesses inherent authority to dismiss a matter for lack of prosecution, cf. State Realty Co. of Boston, Inc. v. MacNeil Bros., 358 Mass. 374, 379 (1970), although such dismissal is a drastic sanction that should be utilized only where "there [is] convincing evidence of unreasonable conduct or delay." Monahan v. Washburn, 400 Mass. 126, 128…

2Cases cited5 opinions

  1. L.L., a juvenile v. CommonwealthMassachusetts Supreme Judicial Court · 2014
  2. Monahan v. WashburnMassachusetts Supreme Judicial Court · 1987
  3. Kennametal, Inc. v. Commissioner of RevenueMassachusetts Supreme Judicial Court · 1997
  4. State Realty Co. of Boston, Inc. v. MacNeil Bros. Co.Massachusetts Supreme Judicial Court · 1970
  5. Bank of America, N.A. v. Commissioner of RevenueMassachusetts Supreme Judicial Court · 2016

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