Lee v. Commissioner of Revenue

In this class action, 2 the plaintiffs challenge the constitutionality of a statute granting real estate tax abatements to persons over the age of seventy who have owned and occupied their homes for at least ten years. G. L. c. 59, § 5, Seventeenth C (1984 ed.).* * 3 The plaintiffs claim that the ten-year waiting period is an unconstitutional infringement of their right to travel. A judge of the Superior Court agreed and ordered that all class members be granted the abatement regardless of the length of time they have owned their homes. 4 The Commissioner of Revenue (Commissioner) appealed,…