Taxation – Real estate – Shopping center

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Where the owner of a retail shopping center has challenged the city of Taunton’s valuation of the property for fiscal years 2021 and 2022, the property’s assessed value exceeded its fair cash value for both of the fiscal years at issue, so the owner should be granted an abatement of $44,298.03 for fiscal year 2021 and $41,572.80 for 2022.

“These are appeals heard under the formal procedure pursuant to G.L.c. 58A, §7 and G.L.c. 59, §§64 and 65, from the refusal of the Board of Assessors of the City of Taunton (‘appellee’ or ‘assessors’) to abate taxes on a certain parcel of real estate located in Taunton, owned by and assessed to RK Taunton Crossing LLC (‘RK Taunton’ or ‘appellant’) for fiscal years 2021 and 2022 (‘fiscal years at issue’). …

“These appeals pertain to an improved 7.5-acre parcel of land with an address of 9 Mozzone Boulevard (‘subject property’). …

“The subject property is improved with a multi-tenant retail building, built in 2006, containing 83,878 square feet of gross leasable space. At all times relevant to these appeals, the subject property was fully occupied by five retail tenants. …

“The appellant presented its case through the testimony and appraisal report of Matthew G. Pattison, certified general real estate appraiser, whom the Board qualified as an expert in the area of commercial real estate valuation. …

“Based on the evidence in its totality, the Board found and ruled that the appellant met its burden of establishing that the subject property’s assessed value exceeded its fair cash value for both of the fiscal years at issue. In reaching this conclusion, the Board agreed with Mr. Pattison’s conclusion that the subject property’s highest and best use was its continued use as a retail shopping center. The Board likewise agreed with Mr. Pattison that the income-capitalization approach was the best methodology to determine the subject property’s fair cash value. …

“The Board’s income-capitalization approach ultimately yielded a final, rounded fair cash value for the subject property of $8,400,000 for both of the fiscal years at issue. Accordingly, the Board issued decisions for the appellant and granted abatements of $44,298.03 for fiscal year 2021 and $41,572.80 for fiscal year 2022.”

RK Taunton Crossing, LLC v. Board of Assessors of the City of Taunton (Lawyers Weekly No. 20-019-25) (17 pages) (Commissioner Good heard the appeals and was joined in the decision by Chairman DeFrancisco and Commissioners Elliott, Metzer and Bernier) Rachel A. Wulsin for the appellant; Richard Conti for the appellee (Docket Nos. F342351 and F347093) (June 30, 2025).

Click here to read the full text of the opinion.