Kass, J. As in the preceding case in this volume, 2 assessors of a town seek to tax retained development rights to build subsequent phases of a condominium. Here, the assessors of Acton have proceeded not by assessing the land to which the development rights pertain, but by treating the development rights as a “present interest” in real estate that is taxable under G. L. c. 59, § 11. We conclude that th…
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