Case law

Henry v. Board of Appeals of Dunstable

418 Mass. 841 · Massachusetts Supreme Judicial Court · Nov 16, 1994

Henry v. Board of Appeals of Dunstable, 36 Mass. App. Ct. 54 (1994). We allowed the board’s application for further appellate review. We reverse the judgment of the Superior Court. I. Facts. … Jackson v.

Berman v. Board of Registration in Medicine

355 Mass. 358 · Massachusetts Supreme Judicial Court · Feb 6, 1969

Assuming that he has the right to compel the board to consider whether to act in respect of a matter of public concern within its jurisdiction, brought to its attention (Brewster v. … Sherman, 195 Mass. 222, 224 , Parrotta v. Hederson, 315 Mass. 416, 418 ), the petition shows that the board has considered the matter.

Nyquist v. Board of Appeals of Acton

359 Mass. 462 · Massachusetts Supreme Judicial Court · May 10, 1971

Smith v. Board of Appeals of Needham, 339 Mass. 399, 402 . See Ward & Johnson, Inc. v. Planning Bd. of Whitman, 343 Mass. 466, 467 ; Roland Lavoie Constr. Co. Inc. v. Building Inspector of Ludlow, 346 Mass. 274 . … In McCarthy v.

Smith v. Board of Appeals of Brookline

366 Mass. 197 · Massachusetts Supreme Judicial Court · Aug 28, 1974

Allen v. Moushegian, 320 Mass. 746, 752 (1947). Richmond Bros. Inc. v. Westinghouse Bdcst. Co. Inc. 357 Mass. 106, 109 (1970). … See Murphy v. Selectmen of Manchester, supra, at 410.

Scott v. Board of Appeal of Wellesley

356 Mass. 159 · Massachusetts Supreme Judicial Court · Jun 5, 1969

See Nash v. Commonwealth, 174 Mass. 335, 336 ; Jenney v. Hynes, 285 Mass. 332, 335-336 ; Manchester v. Leahy, 336 Mass. 158, 160 ; Williams v. … The failure of the board to enter a decision within ninety days as specified in the by-law was not a jurisdictional defect. Cullen v. Building Inspector of No. Attleborough, 353 Mass. 671, 679-680 .

Parrish v. Board of Appeal of Sharon

351 Mass. 561 · Massachusetts Supreme Judicial Court · Jan 9, 1967

In Deutschmann v. Board of Appeals of Canton, 325 Mass. 297, 299 , we held that “milk in cartons and in paper cups, milk shakes, ice cream and cheese . . . … Bicknell Realty Co. v. Board of Appeal of Boston, 330 Mass. 676, 679 .

Chicopee Fire Fighters Ass'n, Local 1710 v. Brown

432 Mass. 1015 · Massachusetts Supreme Judicial Court · Jul 20, 2000

See, e.g., Alexander v. Labor Relations Comm’n, 404 Mass. 1005 (1989); Quincy City Hosp. v. Labor Relations Comm’n, 400 Mass. 745, 746-747 (1987); Therrien v. … For additional background of proceedings in the State courts, see Brown v. Chicopee Fire Fighters Ass’n, Local 1710, 408 Mass. 1003 (1990).

DiRico v. Board of Appeals of Quincy

341 Mass. 607 · Massachusetts Supreme Judicial Court · Jan 5, 1961

Inc. v. Board of Appeals of Lawrence, 324 Mass. 433, 438-439 . Cary v. Board of Appeals of Worcester, 340 Mass. 748, 752-753 . … Spaulding v. Board of Appeals of Leicester, 334 Mass. 688, 692 . *611 In principle, we hold that this case is governed by the recent case of Benjamin v. Board of Appeals of Swansea, 338 Mass. 257 , and by Atherton v.

Sullivan v. Board of Appeals of Canton

345 Mass. 117 · Massachusetts Supreme Judicial Court · Nov 6, 1962

Blackman v. Board of Appeals of Barnstable, 334 Mass. 446, 450 . Atherton v. Board of Appeals of Bourne, 334 Mass. 451, 454 . Shacka v. Board of Appeals of Chelmsford, 341 Mass. 593, 595 . … The board of appeals found that this requirement had been satisfied. Indeed, without such a finding it could not have granted the variance. Barnhart v. Board of Appeals of Scituate, 343 Mass. 455 .

Bottomley v. Board of Appeals of Yarmouth

354 Mass. 474 · Massachusetts Supreme Judicial Court · Jun 13, 1968

The judge concluded that the board’s denial of the plaintiff’s application for a variance was “unreasonable, arbitrary and capricious.” We are of opinion that this case is controlled by our decision in Ferrante v. … What was said by Qua, C.J., in the leading case of Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555, 559, 560 , is pertinent. “We think no one has a legal right to a variance.

Board of Assessors v. Duddy's, Inc.

382 Mass. 686 · Massachusetts Supreme Judicial Court · Dec 3, 1980

Upon the appeal of the local assessors to this court from the eventual decision of the Board allowing an abatement of tax, the assessors contend that the Board was not empowered to allow the second extension of time when … We hold that the Board could grant the second extension in the exercise of its discretion. See G. L. c. 59, § 65B, under which the Board “may” (but is not required to) dismiss an appeal in the situation described.

Vainas v. Board of Appeals of Lynn

337 Mass. 591 · Massachusetts Supreme Judicial Court · May 19, 1958

Reynolds v. Board of Appeals of Springfield, 335 Mass. 464, 470 . … Blackman v. Board of Appeals of Barnstable, 334 Mass. 446, 450 .

Beres v. Board of Registration of Chiropractors

459 Mass. 1012 · Massachusetts Supreme Judicial Court · May 20, 2011

Neither Friedman v. Board of Registration in Med., 414 Mass. 663 (1993), nor Hamel v. … See Gurry v. Board of Pub. Accountancy, 394 Mass. 118 , 119 & n.l (1985); Feldstein v. Board of Registration in Med., 387 Mass. 339, 340 (1982); Camoscio v.

Northwest Associates v. Board of Assessors

392 Mass. 593 · Massachusetts Supreme Judicial Court · Aug 1, 1984

Foxboro Assocs. v. Assessors of Foxborough, 385 Mass. 679, 684 (1982); Schlaiker v. Assessors of Great Barrington, 365 Mass. 243, 245 (1974). … The board “is not required to adopt any particular method of valuation that may have been urged by appellant’s expert witnesses,” New Boston Garden Corp. v.

Stark v. Board of Appeals of Quincy

341 Mass. 118 · Massachusetts Supreme Judicial Court · Jun 3, 1960

Board of Appeals of Barnstable, 334 Mass. 446, 450 . Everpure Ice Mfg. Co. Inc. v. Board of Appeals of Lawrence, 324 Mass. 433, 438 . Benjamin v. Board of Appeals of Swansea, 338 Mass. 257 . … Board of Appeal of Boston, 330 Mass. 676, 679 . Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555, 559 . Rodenstein v. Board of Appeal of Boston, 337 Mass. 333 .

Tausevich v. Board of Appeals of Stoughton

402 Mass. 146 · Massachusetts Supreme Judicial Court · Apr 12, 1988

See, e.g., Alexander v. Chicago Park Dist., 773 F.2d 850, 854-855 (7th Cir. 1985), cert. denied, 475 U.S. 1095 (1986); Miller Brewing Co. v. Jos. … In Avondale Shipyards, Inc. v.

Insurance Rating Board v. Commissioner of Insurance

358 Mass. 171 · Massachusetts Supreme Judicial Court · Jul 13, 1970

This is a suit for declaratory relief brought by the Insurance Rating Board (board) to determine whether the Commissioner of Insurance (commissioner) had authority to disapprove and forbid the use of certain insurance rates … Cravey v. Southeastern Underwriters Assn. 214 Ga. 450, 459 .

Vassalotti v. Board of Appeals of Sudbury

348 Mass. 658 · Massachusetts Supreme Judicial Court · Mar 3, 1965

Board of Appeals of Wellesley, 345 Mass. 348, 353 ; Chater v. Board of Appeals of Milton, ante, 237, 241-242, 244, 246. Cf. Clarke v. … Board of Appeals of Nahant, 338 Mass. 473, 477-480 (dealing with an unusual by-law and an ambiguous amendment). Cf. also Publico v. Building Inspector of Quincy, 336 Mass. 152, 154-155 .

Board of Selectmen of Avon v. Linder

352 Mass. 581 · Massachusetts Supreme Judicial Court · Jun 5, 1967

See Travers v. Grossman, ante, 182, 185, and cases cited. … See Conley v. Ipswich, ante, 201. A mere reading of the statute shows that the defendant is plainly acting in violation of its prohibition. The matter is not too trifling for the law to notice.

Kolodny v. Board of Appeals of Brookline

346 Mass. 285 · Massachusetts Supreme Judicial Court · Jul 1, 1963

In Atherton v. … See Van Arsdale v. Provincetown, 344 Mass. 146, 151 . In Williams v.