Case law

The Woodward School for Girls, Inc. v. City of Quincy

469 Mass. 151 · Massachusetts Supreme Judicial Court · Jul 23, 2014

"A finding [of fact] is clearly erroneous . . . … L. c. 258, § 10, explicitly excludes certain types of claims that the Legislature clearly decided must give way to sovereign immunity.

President of Harvard College v. Board of Aldermen

104 Mass. 470 · Massachusetts Supreme Judicial Court · Mar 15, 1870

This course of legislation led to the adoption of the qualified general exemption contained in the Rev. Sts. c. 7, § 5. … That being so, whatever right or power there might be in the Commonwealth, in case of an advance in the value of the lands beyond the established limit, to require the corporation to reduce its possessions, or to withdraw

Gurley v. Commonwealth

363 Mass. 595 · Massachusetts Supreme Judicial Court · May 10, 1973

Clearly, the statute covers the loss of future support when a victim of a violent crime is disabled. … In waiving its immunity, the Commonwealth established certain rights of recovery which cannot be extended beyond those expressly conferred by the statute. See Putnam Furniture Bldg. Inc. v.

In the Matter of Spring

380 Mass. 629 · Massachusetts Supreme Judicial Court · May 13, 1980

Hence we agree with the Appeals Court that the critical finding was not clearly erroneous. … Thus the judge’s findings were not clearly erroneous and the judge’s May 15 order was in accordance with law.

Commonwealth v. Pennellatore

392 Mass. 382 · Massachusetts Supreme Judicial Court · Jul 5, 1984

The standard we applied was one clearly enunciated many years ago by the United States Supreme Court in Hoffman v. … Westbrooks’ refusal to testify regarding her role in the March 30 burglary clearly falls within this benchmark.

County Commissioners v. Conservation Commission

380 Mass. 706 · Massachusetts Supreme Judicial Court · May 21, 1980

This legislative practice is clearly exemplified by G. … Such store or service establishment shall be clearly incidental to the primary industrial use. (4) Commercial kennel or hobby kennel, subject to the following conditions: (a) That the Board determine that such use is not

Aloha Freightways, Inc. v. Commissioner of Revenue

428 Mass. 418 · Massachusetts Supreme Judicial Court · Nov 19, 1998

Aloha clearly had sufficient contact with Massachusetts, in 1986, to establish “nexus,” and justify the imposition of the $228 corporate minimum excise. 4 b. Fair relation. … We note as a preliminary matter that Aloha is clearly not this hypothetical company.

Commonwealth v. Upton

390 Mass. 562 · Massachusetts Supreme Judicial Court · Dec 12, 1983

He asserts that the affidavit presented in support of that search warrant failed to establish probable cause to issue it. … the Constitution of the Commonwealth that a grant of immunity must be a grant of transactional, and not merely use, immunity.

First Agricultural National Bank of Berkshire County v. State Tax Commission

353 Mass. 172 · Massachusetts Supreme Judicial Court · Jul 27, 1967

The Bank of the United States, 9 Wheat. 738 , in which the court held unconstitutional a discriminatory Ohio tax levied upon the bank, established a doctrine of absolute intergovernmental immunity, regardless of the nature … At the least, they establish the proposition that privately owned corporations organized for profit which perform some governmental functions are not thereby immunized from nondiscriminatory State taxes of general application

Harry Alan Gregg, Jr. Family Foundation, Inc. v. Commissioner of Corporations & Taxation

330 Mass. 538 · Massachusetts Supreme Judicial Court · Nov 13, 1953

Both of the corporate beneficiaries were duly qualified as tax exempt charitable institutions under the Federal internal revenue law. No distribution of any sort was made to the stockholders or directors as such. … Both sides rely to a considerable extent on decisions of this court dealing with exemption from local taxation of religious, educational, and charitable corporations, and those involving immunity of charitable corporations

Commissioner of Revenue v. Kelly-Springfield Tire Co.

419 Mass. 262 · Massachusetts Supreme Judicial Court · Dec 23, 1994

If such in-State activities are de minimis, that is, if they establish only a trivial connection with the taxing State, § 381 continues to provide net corporate income tax immunity. Id. at 231-232. … to so qualify is voluntary.

Gallant v. City of Worcester

383 Mass. 707 · Massachusetts Supreme Judicial Court · Jun 4, 1981

The complaint clearly is one within the scope of G. L. c. 84, § 15. Prior to the enactment of G. L. c. 258, G. L. c. 84 was the exclusive remedy for claims against governmental entities responsible for defects in ways. … The record suggests but does not establish such compliance. We further decline to decide, on the scant record before us, whether the discretionary function exception of G.

Mason v. Intercolonial Railway of Canada

197 Mass. 349 · Massachusetts Supreme Judicial Court · Feb 26, 1908

The general subject of the immunity of the sovereign power from the jurisdiction of its own court was considered and discussed at great length by Mr. Justice Gray, in Briggs v. … The doctrine that the courts have no jurisdiction to proceed with a suit against the sovereign of another State is established in England in numerous decisions.

Greater Lawrence Sanitary District v. Town of North Andover

439 Mass. 16 · Massachusetts Supreme Judicial Court · Mar 20, 2003

While this statutory scheme clearly limits the town’s ability to regulate wastewater facilities and sewage disposal, it does not prevent the town from imposing limited antinuisance conditions. … GLSD is an authority established by the Legislature and its facilities are not owned by the Commonwealth.

Sheriff of Suffolk County v. Jail Officers & Employees of Suffolk County

465 Mass. 584 · Massachusetts Supreme Judicial Court · Jun 14, 2013

It is a well-established rule that “[w]here one is under contract for personal service, and is discharged, it becomes his duty to dispose of his time in a reasonable way, so as to obtain as large compensation as possible, … As our cases clearly indicate, entities entitled to sovereign immunity are not liable for interest under G. L. c. 235, § 8, absent an unequivocal statutory waiver not present here.

Apkin v. Treasurer & Receiver General

401 Mass. 427 · Massachusetts Supreme Judicial Court · Jan 6, 1988

We conclude, first, that a statute should not be read in derogation of a State’s sovereign interests unless it clearly appears that Congress so intended, and, second, that Congress did not clearly express an intention to … The Supreme Court has expressly adopted a clear statement rule in the related context of the States’ constitutional immunity from suit in Federal court under the Eleventh Amendment.

Cronin v. Strayer

392 Mass. 525 · Massachusetts Supreme Judicial Court · Jul 17, 1984

L. c. 231, § 85N does grant such Committees immunity from liability for good faith actions.” But the judge concluded that the statute does not “grant either the defendant ... or the Committee immunity from discovery.” … The qualified privilege could be overcome by a showing of “extraordinary circumstances.”

Vuthy Seng v. Commonwealth

445 Mass. 536 · Massachusetts Supreme Judicial Court · Dec 15, 2005

physicians or one or more qualified psychologists. … As to the identity of the experts, the statute says only that they must be “qualified physicians” or “qualified psychologists.” See G.

Kinneen v. Wells

144 Mass. 497 · Massachusetts Supreme Judicial Court · May 11, 1887

naturalized in the United States, and subject to the jurisdiction thereof, aré citizens of the United States and of the State wherein they reside, lío State shall make or enforce any law which shall abridge the privileges or immunities … It has never been doubted that minors, having the other requisite qualifications, become qualified to vote immediately upon arriving at full age.

Payton v. Abbott Labs

386 Mass. 540 · Massachusetts Supreme Judicial Court · Jun 22, 1982

It is enough that the law establishes liability in favor of those directly or intentionally harmed”). … Worcester, 373 Mass. 208 (1977) (municipal immunity); Ricker v.