Case law

Birudavol v. Board of Registration in Medicine

448 Mass. 1031 · Massachusetts Supreme Judicial Court · Apr 13, 2007

Fisch v. Board of Registration in Med., 437 Mass. 128, 131 (2002). … “We defer to the board’s expertise in making that determination,” Sugarman v. Board of Registration in Med., 422 Mass. 338, 347 (1996), citing Aronoff v.

Weiner v. Board of Registration of Psychologists

416 Mass. 675 · Massachusetts Supreme Judicial Court · Dec 29, 1993

Bell v. Mackey, 191 S.C. 105 , 3 S.E. 2d 816, 824, 825 [1939]. Furthermore, the instant Order to Show Cause is violative of [801 Code Mass. … Vinal v. Contributory Retirement Appeal Bd., 13 Mass. App. Ct. 85, 102 (1982). See Morris v. Board of Registration in Medicine, 405 Mass. 103, 110-111 , cert. denied, 493 U.S. 977 (1989).

Bigham v. Planning Board of North Reading

362 Mass. 860 · Massachusetts Supreme Judicial Court · Jun 5, 1972

The defendant planning board appeals under G. … While it is true that the granting of the 1963 mortgage was subject to the then recorded covenant (see Costanza & Bertolino, Inc. v. Planning Bd. of No.

Fiske v. Board of Selectmen of Hopkinton

354 Mass. 269 · Massachusetts Supreme Judicial Court · May 6, 1968

North Shore Corp. v. Selectmen of Topsfield, 322 Mass. 413, 418 , and cases cited. In the instant case the allegations are speculative and the damage alleged is generalized. … Fino v. Municipal Court of the City of Boston, 326 Mass. 277 . Cliff v. Board of Health of Amesbury, 343 Mass. 58 .

Samel v. City of Pittsfield Licensing Board

377 Mass. 908 · Massachusetts Supreme Judicial Court · Jan 12, 1978

On June 10, 1974, the Pittsfield licensing board (board) voted to deny the application on the ground of the church’s objection. … Luke’s Hosp. v. Labor Relations Comm’n, 320 Mass. 467, 470 (1946). G. L. c. 231A, § 2. See East Chop Tennis Club v. Massachusetts Comm’n Against Discrimination, 364 Mass. 444, 449-451 (1973).

MacDonald v. Board of Health of Braintree

347 Mass. 76 · Massachusetts Supreme Judicial Court · Feb 27, 1964

Jordan *78 Marsh Co. v. Labor Relations Commn. 312 Mass. 597, 599 . By Gr. … See Wellesley College v. Attorney Gen. 313 Mass. 722, 731 ; MacKenzie v. School Comm. of Ipswich, 342 Mass. 612, 614 .

Providence & Worcester Railroad v. Energy Facilities Siting Board

453 Mass. 135 · Massachusetts Supreme Judicial Court · Jan 27, 2009

Brown v. Guerrier, 390 Mass. 631, 632 (1983). 2. The board’s eminent domain authority. Our review of the board’s decision, governed by both G. L. c. 164, § 69P, and G. … Dep’t v. Department of Pub. Utils., supra. “The party appealing from a decision of the board bears the burden of showing that the decision is invalid.” Andover v.

Riva v. Massachusetts Parole Board

Massachusetts Supreme Judicial Court · Aug 18, 2017

occurred in the course of the proceedings before the board. … See, e.g., Madison v. Commonwealth, 466 Mass. 1033, 1033 (2013), and cases cited. The single justice did not err or abuse his discretion in denying relief under G.

Costa v. Board of Appeals of Watertown

340 Mass. 380 · Massachusetts Supreme Judicial Court · Feb 8, 1960

The board of appeals under the zoning by-law of Watertown has appealed from the final decree in *381 the Superior Court which annulled the issuance of a permit to James P. … See Burnham v. Board of Appeals of Gloucester, 333 Mass. 114 ; St. 1954, c. 134, § 1, amending G. L. c. 140, § 27; Von Der Heide v. Zoning Bd. of Appeals of Somers, Westchester County, 204 Misc. (N.

Veksler v. Board of Registration in Dentistry

429 Mass. 650 · Massachusetts Supreme Judicial Court · Jun 11, 1999

Commonwealth v. Rancourt, 399 Mass. 269, 278 (1987). See Sussman v. … Pinecrest Village, Inc. v. MacMillan, 425 Mass. 70, 73 (1997). Given the clear language of G. L. c. 112, the regulation cannot foreclose the petitioner’s right to a hearing.

Board of Assessors v. Commissioner of Revenue

379 Mass. 841 · Massachusetts Supreme Judicial Court · Feb 21, 1980

The boards of assessors of the towns of Edgar-town and West Tisbury filed complaints in the Superior Court seeking declaratory and injunctive relief. … In 1967, the town of Amherst appealed the valuation of its State owned land to the Appellate Tax Board and ultimately to this court. We held in Assessors of Amherst v. State Tax Comm’n, 357 Mass. 505 (1970), that G.

Healy v. Board of Appeals of Watertown

356 Mass. 130 · Massachusetts Supreme Judicial Court · Jun 3, 1969

The failure of the plaintiffs to include a copy of the de- *132 cisión of the board with the notices of the bill in equity served on the defendants was not a jurisdictional defect. Opie v. … The decision of the board was incorporated in the bill. On the issue whether, on facts such as are recited in the board’s decision to have been stated at the hearing, a variance could validly be granted, see Abbott v.

Walden v. Board of Registration in Nursing

395 Mass. 263 · Massachusetts Supreme Judicial Court · Jun 26, 1985

See Blue Hills Cemetery, Inc. v. Board of Registration in Embalming & Funeral Directing, 379 Mass. 368 , 373 n.8 (1979). … See Raymond v. Board of Registration in Medicine, 387 Mass. 708, 713 (1982); Levy v. Board of Registration & Discipline in Medicine, 378 Mass. 519,526-527 (1979).

Rose v. Board of Appeals of Wrentham

352 Mass. 301 · Massachusetts Supreme Judicial Court · Apr 3, 1967

Brady v. Board of Appeals of Westport, 348 Mass. 515, 524 . 2. There was no error in the judge’s ruling that the board “legally denied the appeal of the petitioners for a variance.” … The principle is well established that “ [r]arely can a court order the granting of a variance when the board has denied the petition. No person has a legal right to a variance.” Ferrante v.

Reilly v. Board of Selectmen of Framingham

345 Mass. 363 · Massachusetts Supreme Judicial Court · Feb 1, 1963

In usual course the board, at any meeting of which due notice has been given, may act on any matter. Russell v. Wellington, 157 Mass. 100,104-105 . … Elmer v. Board of Zoning Adjustment of Boston, 343 Mass. 24, 26-27 . The vote to remove was taken at a public meeting. Order for judgment affirmed.

Hoffer v. Board of Registration in Medicine

457 Mass. 1004 · Massachusetts Supreme Judicial Court · Jun 25, 2010

The board has moved to dismiss this appeal as moot, in light of the subsequent actions of the board. … See Commonwealth v. Grant, 455 Mass. 1022, 1023 (2010); Moe v. Sex Offender Registry Bd., 444 Mass. 1009, 1009-1010 (2005).

Curtiss-Wright Corp. v. Edel-Brown Tool & Die Co., Inc.

381 Mass. 1 · Massachusetts Supreme Judicial Court · Jun 25, 1980

Chase v. Roy, 363 Mass. 402, 404 (1973). … Eutectic Corp. v. Astralloy-Vulcan Corp., 510 F.2d 1111, 1115 (5th Cir. 1975). 3. Edel-Brown next presses a question of evidence related to its estoppel argument.

Bailey v. Board of Appeals of Holden

370 Mass. 95 · Massachusetts Supreme Judicial Court · Apr 6, 1976

They premise their argument on the *97 contention that under Fuentes v. Shevin, 407 U.S. 67, 82 (1972) , and Armstrong v. … Reid v. Acting Comm'r of Dept. of Community Affairs, 362 Mass. 136, 140 (1972). Hayeck v. Metropolitan Dist. Comm’n, 335 Mass. 372, 375 (1957). Joslin Mfg. Co. v. Providence, 262 U.S. 668, 678 (1923). 4 2.

City of Somerville v. Commonwealth Employment Relations Board

470 Mass. 563 · Massachusetts Supreme Judicial Court · Feb 3, 2015

Further, the board ordered the city and the school committee to restore the terms of the retirement health insurance benefit that was in 10 The Commonwealth Employment Relations Board (board) is the body within … Middleborough, 468 Mass. at 271 (board of selectmen has statutory authority to establish percentage of total monthly premium for HMO coverage that is to be paid by town's retired employees); Yeretsky v.

Benmosche v. Board of Registration in Medicine

412 Mass. 82 · Massachusetts Supreme Judicial Court · Mar 2, 1992

See Keigan v. Board of Registration in Medicine, 399 Mass. 719, 723 (1987); Levy v. Board of Registration & Discipline in Medicine, 378 Mass. 519, 525 (1979). … Bank v.