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Boston, MA Sullivan & Worcester scored a win at Suffolk Superior Court as the Court denied the City of Boston’s motion to dismiss a class action lawsuit, filed by Sullivan & Worcester and Pioneer New England Legal Foundation on behalf of HS148SST LLC, owner of 148 State Street. The Superior Court agreed with our client that relying on the allegations of the complaint, “[i]nflating a property owner’s assessment, unrelated to the property’s fair cash value, deliberately violates the constitutional and statutory requirement that assessments be strictly proportional,” particularly given the allegation that “the policy has been implemented in retaliation for taxpayers’ exercise of their protected right for an abatement and appeal an adverse ruling to the [Appellate Tax Board].”

Sullivan Partner Nicholas M. O’Donnell, who argued the motion to dismiss, said: “We were pleased that the Court has allowed the case to move forward to seek injunctive and declaratory relief against this practice. As the Court noted, ‘the right to petition the government, including the courts, [is] one of ‘the most precious of the liberties safeguarded by the Bill of Rights.’’”

The class action lawsuit, filed December 17, 2025, alleges that the City of Boston’s Assessor’s Office illegally retaliated against commercial taxpayers for exercising their constitutional right to appeal property tax assessments to the Massachusetts Appellate Tax Board and that the City violates Massachusetts tax law and the U.S. Constitution.

The lawsuit seeks restitution for commercial property owners who appealed their tax bills during a three-year fiscal period. According to the complaint, more than 60 properties fall in that category.

The Sullivan team includes partners Nicholas M. O’Donnell, Patrick Dinardo and Ryan Rosenblatt.

About Sullivan & Worcester LLP
Sullivan & Worcester (Sullivan) is a premier international law firm with lawyers in Boston, London, New York, Tel Aviv and Washington, D.C. Sullivan’s clients, including Fortune 500 companies, leading financial services firms and asset managers, boards of directors, real estate companies, and emerging businesses, rely on Sullivan’s ability to navigate complex legal and operational landscapes, the impeccable judgment of its lawyers, and its commitment to best-in-class client service.