How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jane Doe Deer Your Own Question

Jane Doe Deer
Jane Doe Deer, Lawyer
Category: Real Estate Law
Satisfied Customers: 3864
Experience:  Atty. 24+ years; Plain English explanations of Landlord/Tenant & Purchase/Sale
Type Your Real Estate Law Question Here...
Jane Doe Deer is online now
A new question is answered every 9 seconds

decisions or articles interpreting GL chapter 59, section 5

Resolved Question:

decisions or articles interpreting GL chapter 59, section 5 clause 45 property tax exemptions for solar?
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Brandon M. replied 3 years ago.
Hello there:

Are you just looking for anything and everything related to that clause?
Customer: replied 3 years ago.
i am looking for any decisions or law articles interpreting that clause, which was enacted in 1975 for presumed smaller Solar Systems, but is now at issue for much larger solar systems under the newly enacted Solar Renewable Energy Credits (SREC) law. Can local taxing authorities ignore this exemption for these larger commerical systems?
Expert:  Jane Doe Deer replied 3 years ago.

Thank you for contacting Just Answer. I look forward to assisting you.

 

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.

 

Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.

 

I need the following information before I can answer your question:

 

I have access to Westlaw and can provide you with the annotations available there. I would not be able to give you an entire case (copyright issues), but I can explain where/how etc. to obtain copies.

 

Is that what you're looking for? If so, I'll be happy to help you.

 

Please be aware that JustAnswer is a "pay-for-answer" website. You have offered to pay $43 for the answer to the question.

 

I apologize that the previous Expert seems to have opted out without letting you know.

 

I'll look forward to hearing from you,

 

Jane Doe Deer

 



Edited by Jane Doe Deer on 11/12/2010 at 9:34 PM EST
Customer: replied 3 years ago.

OK -- i am willing to go a little further with you. But i am a lawyer too -- i just don't have handy access to Westlaw, etc. i guess it would be helpful if you could Shepardize the section GL chapter 59, section 5 clause 45 to see if there is ANY annotations at all, since its enactment in 1974. i am seeking to apply exemption to large-scale solar projects, but i am being told by the state Dept. of Revenue that the exemption doesn't apply except to "small" proejcts -- even though there is no language to that effect in the statute itself.

 

i would accept (& pay for) just citations accordingly.

Expert:  Jane Doe Deer replied 3 years ago.

OK, will do. Please give me a little time - I accidentally destroyed my desktop keyboard, and need to set up my Westlaw subscription on my laptop. :)

 

Ya know, I think Westlaw and Lexis both have pay by the hour plans that are more reasonable than they used to be, say, oh, 20 years ago....

 

I'll be back as soon as I can.

 

My best,

 

Jane Doe Deer (this is a pseudonym that I use here at JustAnswer).

 

 

Expert:  Jane Doe Deer replied 3 years ago.

There are no annotations on the solar section. Here, however, are some case names that could possibly be useful (these were set up like this - just let me know if you'd like me to find you the annotations on any of THESE possibly helpful topics:

 

1. Validity--In general

Tag to Print Link to KeyCite Citing References1 Lee v. Commissioner of Revenue, 481 N.E.2d 183, 183+, 395 Mass. 527, 527+ (Mass. Aug 01, 1985) (NO. HD-3725)
Tag to Print Link to KeyCite Citing References2 Opinion of the Justices, 181 N.E.2d 793, 793+, 344 Mass. 766, 766+ (Mass. Apr 11, 1962)
Tag to Print Link to KeyCite Citing References3 Opinion of the Justices, 142 N.E.2d 335, 335, 335 Mass. 771, 771 (Mass. Apr 29, 1957)
Tag to Print Link to KeyCite History4 Duffy v. Burrill, 125 N.E. 135, 234 Mass. 42 (Mass. Nov 13, 1919)
Tag to Print Link to KeyCite Yellow Flag Negative Treatment5 Town of Milford v. Commissioners of Worcester County, 100 N.E. 60, 213 Mass. 162 (Mass. Nov 27, 1912)
Tag to Print Link to KeyCite Citing References6 Day v. City of Lawrence, 45 N.E. 751, 167 Mass. 371 (Mass. Jan 08, 1897)
Tag to Print Link to KeyCite Citing References7 Burbridge v. Board of Assessors of Lexington, 417 N.E.2d 477, 477+, 11 Mass.App.Ct. 546, 546+ (Mass.App.Ct. Mar 10, 1981) (NO. 79-1022)
Tag to Print Link to KeyCite History8 Trustees of Boston University v. Board of Assessors of Brookline, 416 N.E.2d 510, 510+, 11 Mass.App.Ct. 325, 325+ (Mass.App.Ct. Feb 09, 1981) (NO. S-80-404)

 

2.5. Preemption

Tag to Print Link to KeyCite Yellow Flag Negative Treatment11 RCN-BecoCom, LLC v. Commissioner of Revenue, 820 N.E.2d 208, 210+, 443 Mass. 198, 198+ (Mass. Jan 06, 2005) (NO. SJC-09197)

3. Equal protection

Tag to Print Link to KeyCite History12 Smith v. Commissioner of Revenue, 417 N.E.2d 967, 967+, 383 Mass. 139, 139+ (Mass. Mar 09, 1981) (NO. S-2256)
Tag to Print Link to KeyCite Citing References13 Mary C. Wheeler School, Inc. v. Board of Assessors of Seekonk, 331 N.E.2d 888, 888+, 368 Mass. 344, 344+ (Mass. Jul 14, 1975)
Tag to Print Link to KeyCite History14 Weinstock v. Town of Hull, 323 N.E.2d 867, 867+, 367 Mass. 66, 66+ (Mass. Feb 28, 1975)

4. In general

Tag to Print Link to KeyCite History15 CFM Buckley/North LLC v. Board of Assessors of Greenfield, 902 N.E.2d 381, 381+, 453 Mass. 404, 404+ (Mass. Mar 16, 2009) (NO. SJC-10174, SJC-10175, SJC-10176)
Tag to Print Link to KeyCite Citing References16 Mahony v. Board of Assessors of Watertown, 285 N.E.2d 403, 404+, 362 Mass. 210, 210+ (Mass. Jun 23, 1972)
Tag to Print Link to KeyCite History17 Mary Ann Morse Healthcare Corp. v. Board of Assessors of Framingham, 910 N.E.2d 394, 394+, 74 Mass.App.Ct. 701, 701+ (Mass.App.Ct. Jul 27, 2009) (NO. 08-P-1717)

4.5. Construction and application

Tag to Print Link to KeyCite History18 Middlesex Retirement System, LLC v. Board of Assessors of Billerica, 903 N.E.2d 210, 210+, 453 Mass. 495, 495+ (Mass. Mar 31, 2009) (NO. SJC-10268)

 

6. Nature of exemption

Tag to Print Link to KeyCite History25 CFM Buckley/North LLC v. Board of Assessors of Greenfield, 902 N.E.2d 381, 381+, 453 Mass. 404, 404+ (Mass. Mar 16, 2009) (NO. SJC-10174, SJC-10175, SJC-10176)
Tag to Print Link to KeyCite Citing References26 New Habitat, Inc. v. Tax Collector of Cambridge, 889 N.E.2d 414, 415+, 451 Mass. 729, 729+ (Mass. Jul 03, 2008) (NO. SJC-10033)
Tag to Print Link to KeyCite Citing References27 Mahony v. Board of Assessors of Watertown, 285 N.E.2d 403, 404+, 362 Mass. 210, 210+ (Mass. Jun 23, 1972)
Tag to Print Link to KeyCite Citing References28 Board of Assessors of Wilmington v. Avco Corp., 260 N.E.2d 179, 179+, 357 Mass. 704, 704+ (Mass. Jun 18, 1970)
Tag to Print Link to KeyCite Citing References29 Opinion of the Justices, 259 N.E.2d 564, 357 Mass. 846 (Mass. Jun 04, 1970)
Tag to Print Link to KeyCite Citing References30 Town of Milton v. Ladd, 206 N.E.2d 161, 161+, 348 Mass. 762, 762+ (Mass. Apr 06, 1965)
Tag to Print Link to KeyCite Citing References31 Sylvester v. Assessors of Braintree, 182 N.E.2d 120, 120+, 344 Mass. 263, 263+ (Mass. May 04, 1962)
Tag to Print Link to KeyCite Yellow Flag Negative Treatment32 State Tax Commission v. Blinder, 147 N.E.2d 796, 336 Mass. 698 (Mass. Feb 05, 1958)
Tag to Print Link to KeyCite Citing References33 Assessors of Dover v. Dominican Fathers Province of St. Joseph, 137 N.E.2d 225, 225+, 334 Mass. 530, 530+ (Mass. Sep 12, 1956)
Tag to Print Link to KeyCite Citing References34 Assessors of Everett v. Albert N. Parlin House, Inc., 118 N.E.2d 861, 861+, 331 Mass. 359, 359+ (Mass. Apr 13, 1954)
Tag to Print Link to KeyCite Citing References35 Collector of Taxes of Boston v. Cigarette Service Co., 89 N.E.2d 787, 787+, 325 Mass. 162, 162+ (Mass. Jan 03, 1950)
Tag to Print Link to KeyCite Yellow Flag Negative Treatment36 Boston Chamber of Commerce v. Assessors of Boston, 54 N.E.2d 199, 199+, 315 Mass. 712, 712+, 152 A.L.R. 174, 174+ (Mass. Mar 28, 1944)
Tag to Print Link to KeyCite Citing References37 Animal Rescue League of Boston v. Bourne's Assessors, 37 N.E.2d 1019, 1019+, 310 Mass. 330, 330+, 138 A.L.R. 110, 110+ (Mass. Nov 25, 1941)
Tag to Print Link to KeyCite Yellow Flag Negative Treatment38 Town of Milford v. Commissioners of Worcester County, 100 N.E. 60, 213 Mass. 162 (Mass. Nov 27, 1912)
Tag to Print Link to KeyCite Citing References39 In re Opinion of the Justices, 84 N.E. 499, 195 Mass. 607 (Mass. Mar 23, 1908)

7. Partial exemptions

Tag to Print Link to KeyCite Citing References40 City of Springfield v. Board of Assessors of Granville, 390 N.E.2d 713, 378 Mass. 159 (Mass. Jun 04, 1979)
Tag to Print Link to KeyCite Citing References41 Blue Hill Cemetery, Inc. v. Assessors of Braintree, 317 N.E.2d 831, 831+, 2 Mass.App.Ct. 602, 602+ (Mass.App.Ct. Oct 15, 1974)

 

Law Review:

 

LAW REVIEW AND JOURNAL COMMENTARIES

A new system of property taxation. Richard A. Goren (1980) 65 Mass.L.Rev. 209.
Contextual analysis of tax ownership. Alex Raskolnikov, 85 B.U. L. Rev. 431 (April, 2005).
Estimated tax payments. George T. Shaw, 16 Ann.Surv.Mass.L., Boston College, p. 348 (1969).
Judicial pursuit of local fiscal equity. Robert P. Inman and Daniel L. Rubinfeld (1979) 92 Harv.L.Rev. 1662.
Massachusetts real estate syndication. George A. Page, Jr. (1963) 43 B.U.L.Rev. 491.
Massachusetts tax law. John Dane (1955) 26 Boston B.Bull. 65.
Massachusetts taxation of income from real property. Michael E. Mooney (Jan. 1972) 16 Boston B.J. 1, p. 15.
Real estate tax abatement procedure in Massachusetts. Evan Y. Semerjian (1977) 61 Mass.L.Q. 199.
Real estate tax assessments on condominium units. Kenneth C. Roy (1979) 23 Boston B.J. 5, p. 5.

 

I'm happy to answer follow-up questions. I saw NO solar annotations on the statute.

 

I did a separate search (cases) for "solar and tax" and found a couple of non-reported cases (sometimes useful, as you know, in writing briefs:

 

4. Kilpatrick v. Planning Bd. for Town of Boylston,
Not Reported in N.E.2d, 16 Mass.L.Rptr. 436, 2003 WL 21500555, Mass.Super., April 22, 2003 (NO. 000958,(NNN) NNN-NNNN(NNN) NNN-NNNN 000929,(NNN) NNN-NNNN

...to surrounding streets, accommodation to fire protection and policing needs, utility services, street lighting, and protecting access to sunlight for solar energy. Hamilton v. Beverly, 35 Mass.App.Ct. 386, 388 See G.L.c. 41, § 81M North Landers Corp. v. Planning Bd. of...

...existing subdivision control law as not permitting disapproval of an otherwise proper plan on the ground that its execution would tax existing water sources." Daley Const. Co. v. Planning Ed. Of Randolph, 340 Mass. 149, 152-53 (1959) The language of......

 

 

Customer: replied 3 years ago.

i can't tell how helpful these citations will be -- i'll run through them myself -- thanks.

 

nothing futher.

 

please confirm the cost.

Expert:  Jane Doe Deer replied 3 years ago.

You offered $43. When you click "accept" that will be what you pay to JA and me.

 

My best,

 

Jane

Jane Doe Deer, Lawyer
Category: Real Estate Law
Satisfied Customers: 3864
Experience: Atty. 24+ years; Plain English explanations of Landlord/Tenant & Purchase/Sale
Jane Doe Deer and 5 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.