Case law

Stowell v. Board of Public Works

184 Mass. 416 · Massachusetts Supreme Judicial Court · Nov 25, 1903

There is a difference in this respect between the proceedings of a town and those of a board like this. Robbins v. Lexington, 8 Cush. 292 . Taber v. New Bedford, 135 Mass. 162 . Foley v. … White v. Foxborough, 151 Mass. 28 .

Golden v. Board of Selectmen of Falmouth

358 Mass. 519 · Massachusetts Supreme Judicial Court · Dec 30, 1970

In Crawford v. … See Brady v. Board of Appeals of Westport, 348 Mass. 515 . If a local board acting under the zoning by-law authorizes a project in violation of G.

Opie v. Board of Appeals of Groton

349 Mass. 730 · Massachusetts Supreme Judicial Court · Dec 7, 1965

See Cohen v. Board of Registration in Pharmacy, 347 Mass. 96, 98-99 . The filing of a copy of the bill with the town clerk was also a requirement of a valid appeal. See Lincoln v. … Board of Appeals of Fram-ingham, 346 Mass. 418, 420 ; Carey v. Planning Bd. of Revere, 335 Mass. 740, 745 . The plea does not aver that this requirement was omitted.

Board of Public Works v. Aron

387 Mass. 830 · Massachusetts Supreme Judicial Court · Jan 5, 1983

The Appellate Tax Board (board) concluded that the rate was discriminatory and ordered an abatement. In Board of Pub. Works of Millis v. … Assessors of Quincy v. Boston Consol. Gas Co., 309 Mass. 60, 72 (1941). The board was correct in deciding that Aron I controlled. There is no error.

Halko v. Board of Appeals of Billerica

349 Mass. 465 · Massachusetts Supreme Judicial Court · Jul 1, 1965

Del Grosso v. Board of Appeal of Revere, 330 *468 Mass. 29, 32. Lincoln v. Board of Appeals of Framingham, 346 Mass. 418 . … Kairis v. Board of Appeal of Cambridge, 337 Mass. 528, 531 . Cary v. Board of Appeals of Worcester, 340 Mass. 748, 753 . Chater v. Board of Appeals of Milton 348 Mass. 237, 246 . ’

Board of Assessors v. Tenneco, Inc.

388 Mass. 739 · Massachusetts Supreme Judicial Court · Apr 12, 1983

Tregor v. Assessors of Boston, 377 Mass. 602, 604 , cert. denied, 444 U.S. 841 (1979). … See Keniston v. Assessors of Boston, 380 Mass. 888, 890-891 (1980).

Friedman v. Board of Registration in Medicine

414 Mass. 663 · Massachusetts Supreme Judicial Court · Mar 31, 1993

Friedman v. Board of Registration in Medicine, 408 Mass. 474, 479 (1990). On January 13, 1991, he petitioned the board for reinstatement. … L. c. 30A, § 14 (1); Harper v. Division of Water Pollution Control, supra at 467 ; Board of Appeals of Rockport v. De-Carolis, 32 Mass. App. Ct. 348, 352 (1992).

Wei Jia v. Board of Bar Examiners

427 Mass. 777 · Massachusetts Supreme Judicial Court · Jul 9, 1998

See Augat, Inc. v. Liberty Mut. Ins. Co., 410 Mass. 117, 120 (1991). … See also Novak v.

Green v. Board of Appeals of Provincetown

404 Mass. 571 · Massachusetts Supreme Judicial Court · Apr 10, 1989

See Brady v. Board of Appeals of Westport, 348 Mass. 515, 519 (1965), as to the common law right to seek enforcement, and Vokes v. Avery W. Lovell, Inc., 18 Mass. App. … Board of Appeal of Boston, 324 Mass. 427, 430-431 (1949). Sherrill House, Inc. v. Board of Appeal of Boston, 19 Mass. App. Ct. 274, 275-277 (1985). Waltham Motor Inn, Inc. v. LaCava, 3 Mass. App.

Slater v. Board of Appeals of Brookline

350 Mass. 70 · Massachusetts Supreme Judicial Court · Jan 4, 1966

The judge ruled that the board had exceeded its authority and the final decree annulled the board’s decision. … Mahoney v. Board of Appeals of Winchester, 344 Mass. 598 . *74 The judge rightly ruled that the board should have considered the application under § 9.5 (a) of the by-law.

Zussman v. Rent Control Board of Brookline

371 Mass. 632 · Massachusetts Supreme Judicial Court · Dec 31, 1976

We refer to the language of Sherman v. … Inc. v. Commonwealth, 358 Mass. 430, 438 (1970). Aetna Cas. & Sur. Co. v. Commissioner of Ins., 358 Mass. 272, 281 (1970).

Weld v. Board of Appeals of Gloucester

345 Mass. 376 · Massachusetts Supreme Judicial Court · Feb 4, 1963

15 of c. 40A gives the board of appeals power “2. … The words must also refer to the board, for otherwise the board would be delegating its function.

Coomey v. Board of Assessors of Sandwich

367 Mass. 836 · Massachusetts Supreme Judicial Court · May 28, 1975

The decision of the board as to findings of fact is final. G. L. c. 58A, § 13. Schlaiker v. Assessors of Great Barrington, 365 Mass. 243, 245 (1974). Boston Tow Boat Co. v. State Tax Commn. 366 Mass. 474 (1974). … Accordingly, the taxpayers’ arguments, which, in essence, question the sufficiency of the evidence to support the board’s decision (see Assessors of Lynn v.

Brattin v. Board of Civil Service Commissioners

249 Mass. 170 · Massachusetts Supreme Judicial Court · May 21, 1924

Attorney General v. Boston, 123 Mass. 460, 474 . McCarthy v. Street Commissioners, 188 Mass. 338, 340 . Smith v. Commissioner of Public Works of Boston, 215 Mass. 353 . … Commonwealth v.

Student No. 9 v. Board of Education

440 Mass. 752 · Massachusetts Supreme Judicial Court · Jan 27, 2004

See Massachusetts Fed’n of Teachers v. Board of Educ., supra; Nuclear Metals, Inc. v. Low-Level Radioactive Waste Mgt. Bd., 421 Mass. 196, 210-211 (1995); Quincy v. … Massachusetts Fed’n of Teachers v. Board of Educ., supra at 774.

Webster v. Board of Appeals of Reading

349 Mass. 17 · Massachusetts Supreme Judicial Court · Apr 7, 1965

See Sheldon v. Boston & Albany R.R. 172 Mass. 180, 182 ; Randall’s Case, 331 Mass. 383, 386 . We agree with the plaintiffs that this matter is similar to Pratt v. … In the light of the foregoing we need not discuss whether, if the use were permissible, the by-laws would be held to contain adequate standards to guide the board. See Burnham v.

Graham v. Board of Public Works

285 Mass. 544 · Massachusetts Supreme Judicial Court · Mar 26, 1934

L’Huilier v. Fitchburg, 246 Mass. 349, 351 , and cases cited. Como v. Worcester, 177 Mass. 543, 549 . Wood v. Concord, 268 Mass. 185, 190 . G. L. (Ter. Ed.) c. 82, §§ 2, 17, 21. … McManus v. Weston, 164 Mass. 263, 266, 267 .

Reynolds v. Board of Appeal of Springfield

335 Mass. 464 · Massachusetts Supreme Judicial Court · Feb 14, 1957

Fairman v. Board of Appeal of Melrose, 331 Mass. 160 . … See Roman Catholic Archbishop of Boston v. Board of Appeal of Boston, 268 Mass. 416, 418-419 ; Kane v. Board of Appeals of Medford, 273 Mass. 97, 103-104 ; Morrison v.

Todd v. Board of Appeals of Yarmouth

337 Mass. 162 · Massachusetts Supreme Judicial Court · Mar 7, 1958

Any of the following uses, on approval of the Board of Appeals; . . . (i) Boat building and storage. . . . Section V. Nonconforming uses 1. . . . … See Olevson v. Zoning Board of Review of Narragansett, 71 R. I. 303; Soho Park & Land Co. v. Board of Adjustment of Belleville, 6 Misc. (N. J.) 686. We do not reach that issue.

Smith v. Board of Appeals of Needham

339 Mass. 399 · Massachusetts Supreme Judicial Court · Jun 12, 1959

Massachusetts Soc. for the Prevention of Cruelty to Animals v. Commissioner of Pub. Health, ante, 216, 223. … Blackman v. Board of Appeals of Barnstable, 334 Mass. 446, 451 .