Case law

Attorney General v. City of Methuen

236 Mass. 564 · Massachusetts Supreme Judicial Court · Jan 4, 1921

The only authority conferred by the Constitution to establish a city is found in art. 2 of the Amendments. … Clearly votes passed at a hearing before a legislative committee under these circumstances did not constitute an application for a city charter by a majority of the inhabitants of the town present and voting “at a meeting

Department of Community Affairs v. Massachusetts State College Building Authority

378 Mass. 418 · Massachusetts Supreme Judicial Court · Jul 5, 1979

Because the Authority is a "public agency” within the meaning of c. 79A and the sponsor involved in the Moorer case was not, we find that case clearly distinguishable. … Initially, the Department must qualify a relocation advisory agency before any acquisition displacing occupants may proceed. G. L. c. 79A, § 2.

Reep v. COMMISSIONER OF THE DEPT. OF EMP. & TRAINING

412 Mass. 845 · Massachusetts Supreme Judicial Court · Jun 11, 1992

But this argument, however appealing, cannot override what seems to us to be the clearly expressed legislative intent. … If the Legislature were to have favored that kind of onerous and harsh result, it is fair to assume that it would have said so in G.L.c. 151, § 25 ( e ), loudly and clearly. *860 I would reverse the judgment below and would

Smith v. Commissioner of Transitional Assistance

431 Mass. 638 · Massachusetts Supreme Judicial Court · May 26, 2000

A judge in the Superior Court agreed that in establishing the financial eligibility test as it did in 106 Code Mass. … Self-reliance may require an income greater than such minimal assistance, and the Legislature clearly provided that a nonexempt recipient could earn slightly more than twice his or her TAFDC benefit level before benefits

City of Boston v. Aetna Life Insurance

399 Mass. 569 · Massachusetts Supreme Judicial Court · Apr 9, 1987

An order for payment can qualify as words of assignment, such as “kindly pay” (see Andrews Elec., Inc. v. St. … Its assertion to that effect, unsupported by reasons, does not qualify as argument. No G.

Mayor of Somerville v. District Court of Somerville

317 Mass. 106 · Massachusetts Supreme Judicial Court · Sep 20, 1944

.” • And the burden of establishing the essential facts—' that the removal was made “without proper cause” or made “in bad faith” — rests upon the employee removed. Murray v. … It may be that it could be found that married women as a class are not qualified — or are substantially less qualified than unmarried women as a class — for some employments in the public service. See Sheldon v.

Attorney General v. Administrative Justice of Boston Municipal Court Department of Trial Court

384 Mass. 511 · Massachusetts Supreme Judicial Court · Oct 26, 1981

L. c. 185C) of the Act established the Housing Court Department of the Trial Court, consisting of the City of Boston Division and the Hampden County Division. … Although we draw support from these cases, we continue to rely on, and to be guided by, art. 63’s history and language which clearly manifest the framers’ intent to strike a balance between the exercise of legislative and

Commonwealth v. Melo

472 Mass. 278 · Massachusetts Supreme Judicial Court · Jul 23, 2015

The victim telephoned the defendant because the amount 3 The defendant's wife testified pursuant to a grant of immunity. 4 Michael Stenstream testified pursuant to a grant of immunity. … "We accept other findings that were based on testimony at the evidentiary  27 hearing and do not disturb them where they are not clearly erroneous."

Commonwealth v. Makarewicz

333 Mass. 575 · Massachusetts Supreme Judicial Court · Feb 15, 1956

It was clearly inadmissible for this purpose. … But the record does not show that the witness was qualified to testify on this matter. Commonwealth v. Boris, 317 Mass. 309, 318 . Commonwealth v. Farrell, 322 Mass. 606, 624 .

Commonwealth v. Lee

Massachusetts Supreme Judicial Court · Nov 12, 2019

The investigating officers were able to establish a likely timeline for the robbery. … A "qualified interpreter" is defined as "a certified interpreter who has also passed the examination [given by the office of court interpreter services] and been qualified for interpreting in the [F]ederal courts by the

Opinions of the Justices to Governor

408 Mass. 1201 · Massachusetts Supreme Judicial Court · Jul 17, 1990

This seems to be the only clearly expressed principle that has limited the scope of the word “commodities.” … This result was clearly not the intent of the framers of the Constitution.

Alliance to Protect Nantucket Sound, Inc. v. Energy Facilities Siting Board

457 Mass. 663 · Massachusetts Supreme Judicial Court · Aug 31, 2010

As such, the commission is clearly a local (as opposed to State) agency, and therefore it qualifies as a “local agency or body” within the meaning of § 69K in any event. 2. … The transmission lines that Cape Wind seeks to construct qualify both as a “facility” for purposes of § 69K and as a “structure” under c. 91, §§ 14 and 18.

Globe Newspaper Co. v. District Attorney for the Middle District

439 Mass. 374 · Massachusetts Supreme Judicial Court · May 15, 2003

required to have the information by statute, and to individuals and entities approved by the criminal history systems board (based on a determination that the public interest in disseminating the information to such persons “clearly … It is the public records statute that requires the defendants to disclose anything that qualifies as a “public record.” G. L. c. 66, § 10 (a).

Jones v. Robbins

74 Mass. 329 · Massachusetts Supreme Judicial Court · Mar 15, 1857

It is there declared that “ no subject shall be arrested, imprisoned, despoiled or deprived of his property, immunities or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty or estate … This most material provision is attached to and follows immediately after the declaration of the liberties and immunities of the citizen, as they are set, forth in the twelfth article of the Bill of Eights, and constitutes

Squantum Gardens, Inc. v. Assessors of Quincy

335 Mass. 440 · Massachusetts Supreme Judicial Court · Feb 11, 1957

Property owned by the United States is immune from State and local taxation (Assessors of Everett v. General Electric Co. 330 Mass. 464, 465-466 ; United States v. Allegheny County, 322 U. … “Statutes imposing taxation are not to be construed as operating retroactively unless the legislative intention is clearly declared.” Rugg, C.J., speaking for the court in Magee v.

Springfield Preservation Trust, Inc. v. Springfield Library & Museums Ass'n

447 Mass. 408 · Massachusetts Supreme Judicial Court · Aug 14, 2006

The ordinance also established a historic district commission, as well as other historic districts. … The dissent has it backward: a historic district is “establish[ed]” “by ordinance or by-law adopted by two-thirds vote” (G. L. c. 40C, § 3) — it is not created or established by the map.

Karcz v. Luther Manufacturing Co.

338 Mass. 313 · Massachusetts Supreme Judicial Court · Jan 13, 1959

The plaintiffs must establish that, under a proper construction of the agreement, they, respectively, have a valid claim to retirement separation pay. … The termination of their employment was clearly the consequence of the general decision to close the mill caused by the economic misfortunes of the defendant.

Blanchard v. Steward Carney Hospital, Inc.

477 Mass. 141 · Massachusetts Supreme Judicial Court · May 23, 2017

based portion of the nurses' defamation claim arises from and is, in that limited sense, solely based on their hospital employer's quite legitimate petitioning activity, it nevertheless remains unclear whether this qualifies … See Duracraft, 427 Mass. at 165, 167 ("Because the Legislature intended to immunize parties from claims 'based on' their petitioning activities, we adopt a construction of 'based on' that would exclude motions brought

Commonwealth v. Cobb

379 Mass. 456 · Massachusetts Supreme Judicial Court · Jan 9, 1980

Chin Kee, 283 Mass. 248 (1933), the prior statements do not qualify as “inconsistent” with Leddy’s testimony. However, the defendants’ reliance on Chin Kee is misplaced. … Rodriguez, 370 Mass. 684 (1976) (establishing that when the issue of self-defense is properly before the trier of fact, the Commonwealth must, as a matter of due process, prove beyond a reasonable doubt that the defendant

Commonwealth v. Comtois

399 Mass. 668 · Massachusetts Supreme Judicial Court · Apr 21, 1987

“There is no absolute rule of law as to the time within which the victim of a sexual assault must make her first complaint of the assault in order to qualify that complaint for admission in evidence as a fresh complaint.” … The evidence at trial established that criminal episodes occurred on three separate dates. As to each, there was proof “sufficient to go to the jury.” Id. at 171 .