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The Massachusetts Appeals Court ruled Monday that the cities of...

The Massachusetts Appeals Court ruled Monday that the cities of Boston and Newton should refund $7.5 million in property taxes collected from Verizon New England. The court vacated a 2008 state Appellate Tax Board order that allowed the cities to…

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levy taxes on phone poles and cables that pass over state-owned land. The court ruled that the cities acted prematurely in levying the taxes while the tax board’s order was under appeal. Based on the tax board ruling, the city of Boston had charged Verizon $5.3 million in property taxes from 2005 through 2009, while Newton charged $2.2 million for 2003 through 2008. Verizon filed suit in state court to challenge the board’s decision. A Massachusetts Superior Court judge issued a summary judgment in favor of the cities. The appeals court order overturned that ruling and agreed with Verizon that the additional assessment was improper because it’s not explicitly authorized by state law. The order also vacated the tax board’s order allowing taxation of Verizon poles and wires still under construction, but ruled that such taxation may be permissible under state law.