Legal Update

Nov 19, 2004

Chapter 121A Does Not Cap "In Lieu of" Payments

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On November 17, 2004, in the case of

Anderson Street Associates v. City of Boston, the Massachusetts Supreme Judicial Court held that Chapter 121A of the Massachusetts General Laws (“MGL”) did not cap payments made by developers under 121A in lieu of tax payments at an amount not to exceed the taxes for which they would otherwise be liable under Chapter 59 of the MGL.

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