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-9- <br /> 5. Appeal of Denied Abatement Applications <br /> a. Denied: If the Assessing Board denies the application, the property owner <br /> may appeal that decision to the County Commissioners or the Superior <br /> Court. The appeal must be filed within 30 days after the property owner is <br /> notified of the Assessing Board's decision. G.L. Ch. 80 §§7, 10. <br /> If the property owner chooses to appeal to the County Commissioners, he <br /> must give notice to the city, town or district within ten days of filing the <br /> appeal by mailing a copy, registered mail, to the Assessing Board or the <br /> city,town or district clerk. G.L. Ch. 80 §10. <br /> b. Deemed Denied: If the Assessing Board did not act on the application <br /> within four months of the date it was filed, then the application is denied by <br /> operation of law and the property owner may appeal in the same manner as <br /> if the application had been denied, except that he has 60, rather than 30, <br /> days to file the appeal. In addition, if the assessment has been paid in full, <br /> the property owner cannot appeal after ten months from the date the <br /> assessment was paid. G.L. Ch. 80 §10A. <br /> B. Other Remedies <br /> The property owner may challenge the validity of the assessment because the applicable <br /> recording requirements were not met or other procedures for ordering and constructing the <br /> improvement or assessing the costs were not followed. If so, an abatement proceeding is <br /> not the appropriate remedy. <br /> 1. Before Commitment <br /> Before the commitment of the assessments to the collector, the property owner may <br /> challenge the validity of an assessment by bringing a civil action in the nature of <br /> certiorari, G.L. Ch. 249, §4; Chilson v. Mayor of Attleboro, 247 Mass. 191, 202 <br /> (1924), or for a declaratory judgment, California Village Corporation v. Town of <br /> East Longmeadow, 4 Mass. App. Ct. 128, 130 (1976); Zambernardi v. Selectmen of <br /> Wilmington, 2 Mass. App. Ct. 873 (1974). <br /> These remedies are separate and distinct from an abatement proceeding and the <br /> property owner may bring a suit challenging the validity of the assessment and file <br /> for an abatement in order to challenge the amount of the assessment. Chilson at <br /> 202-203; Hitchcock v. Aldermen of Springfield, 121 Mass. 382, 386 (1876). <br />