Case law

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.

Palmer v. Board of Registration in Medicine

415 Mass. 121 · Massachusetts Supreme Judicial Court · May 4, 1993

Neither this court nor the board would be warranted in rejecting that determination. See Morris v. Board of Registration in Medicine, 405 Mass. 103, 109 , cert. denied, 493 U.S. 977 (1989). 2. We reject Dr. … This court has no basis for substituting its judgment for that of the board. See Kei-gan v. Board of Registration in Medicine, 399 Mass. 719, 723 (1987); Levy v.

Parkinson v. Board of Assessors of Medfield

395 Mass. 643 · Massachusetts Supreme Judicial Court · Aug 12, 1985

Dunlap Investors, Ltd. v. Hogan, 133 Ariz. 130, 132 (1982), quoting Oliver v. Ernul, 277 N.C. 591, 597 (1971). Hynes v. Lakeland, 451 So. 2d 505, 511 (Fla. Dist. Ct. App. 1984). Germany v. … McHale v. Treworgy, supra. Allen v. Duvall, 311 N.C. 245, 249 (1984). The board’s inability to assess the property in light of the conservation easement is symptomatic of the easement’s fatal ambiguity.

Board of Assessors v. State Tax Commission

351 Mass. 394 · Massachusetts Supreme Judicial Court · Nov 23, 1966

See Commissioner of Corps. & Taxn. v. Assessors of Springfield, 329 Mass. 419 ; Assessors of Springfield v. New England Tel. & Tel. Co. 330 Mass. 198 ; Commissioner of Corps. & Taxn. v. … See also Commissioner of Corps. & Taxn. v. Assessors of Haverhill, 330 Mass. 553 ; State Tax Commn. v. Assessors of Haverhill, 331 Mass. 306, 309 ; State Tax Commn. v.

Colonial Tavern, Inc. v. Boston Licensing Board

384 Mass. 372 · Massachusetts Supreme Judicial Court · Aug 13, 1981

L. c. 138, the board functions as a city agency. The board, like most local licensing boards, is not subject to the provisions of the State Administrative Procedure Act, G. L. c. 30A. Saxon Coffee Shop, Inc. v. … See Vieira v. Schupp, 383 Mass. 739, 740 (1981); Jesionek v. Massachusetts Port Auth., 376 Mass. 101, 102 (1978); Feeney v.

Norcross v. Board of Appeal of Building Department

255 Mass. 177 · Massachusetts Supreme Judicial Court · Feb 27, 1926

Doyle v. Kirby, 184 Mass. 409 . Commonwealth v. Commissioner of Banks in re Prudential Trust Co. 240 Mass. 244, 250 . Cosmopolitan Trust Co. v. Suffolk Knitting Mills, 247 Mass. 530, 534 . … Swan v. Justices of the Superior Court, 222 Mass. 542, 545 .

President of Harvard College v. Board of Aldermen

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

Dorgan v. Boston, 12 Allen, 223 . People v. Brooklyn, 4 Comst. 419. Burnett v. Sacramento, 12 Cal. 76 . Brewster v. Syracuse, 19 N. Y. 116 . Nichols v. Bridgeport, 23 Conn. 189 . … Walker v. Andrews 3 M. & W. 312. Giles v. Hooper, Carth. 135. Thompson v Lapworth, Law Rep. 3 C. P. 149. Bleecker v. Ballou, 3 Wend. 263 .

MacGibbon v. Board of Appeals of Duxbury

369 Mass. 523 · Massachusetts Supreme Judicial Court · Mar 18, 1976

MacGibbon III, like MacGibbon v. Board of Appeals of Duxbury, 347 Mass. 690 (1964) (MacGibbon I), and MacGibbon v. … In MacGib-bon II the board denied the permit because it interpreted the by-law as inapplicable to coastal wetlands. We upheld the validity of the by-law, but reversed because the board had misinterpreted it.

Schleifer v. Worcester North Savings Institution

310 Mass. 110 · Massachusetts Supreme Judicial Court · Oct 30, 1941

The question whether Brown was clothed with ostensible or apparent authority is one of fact. Federal National Bank of Boston v. O’Connell, 305 Mass. 559, 566 . … As is said in Schleifer v.

Alsabti v. Board of Registration in Medicine

404 Mass. 547 · Massachusetts Supreme Judicial Court · Apr 10, 1989

Raymond v. Board of Registration in Medicine, 387 Mass. 708, 713 (1982). … Galdston v.

Ramos v. Board of Registrars of Voters

374 Mass. 176 · Massachusetts Supreme Judicial Court · Jan 5, 1978

See Hershkoff v. Registrars of Voters of Worcester, 366 Mass. 570, 576-577 (1974). … Concord in Dane v. Registrars of Voters of Concord, ante, 152 (1978), de *180 cided this day.

New Boston Garden Corp. v. Board of Assessors

383 Mass. 456 · Massachusetts Supreme Judicial Court · Apr 24, 1981

Although it is well established that decisions of the board must be supported by substantial evidence, Pequot Assocs. v. Assessors of Salem, 376 Mass. 270, 274-277 (1978), New Bedford Gas & Edison Light Co. v. … The city correctly argues that the board is “not required to believe the testimony of any particular witness,” Assessors of Quincy v. Boston Consol.

Scalley v. Board of Registrars of Voters

358 Mass. 815 · Massachusetts Supreme Judicial Court · Jan 28, 1971

Sears v. Treasurer & Recr. Gen. 327 Mass. 310, 325-326 . Mayor of Gloucester v. City Clerk of Gloucester, 327 Mass. 460, 464 . Troland v. Malden, 332 Mass. 351, 356 . … Fitzpatrick for the Board of Registrars of Voters of Woburn & another. Alexander E. Finger (Charles H. McGlue with him) for William J. Scalley & another. James F.

Newbury Street Associates v. Board of Assessors

386 Mass. 513 · Massachusetts Supreme Judicial Court · Jun 18, 1982

Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 513 (1975), quoting from Industrial Fin. Corp. v. State Tax Comm’n, 367 Mass. 360, 364 (1975). … Keniston v. Assessors of Boston, 380 Mass. 888, 892 (1980), quoting from Tregor v. Assessors of Boston, 377 Mass. 602, 610 , cert. denied, 444 U.S. 841 (1979).

Madaket Realty, Inc. v. Board of Appeals

402 Mass. 137 · Massachusetts Supreme Judicial Court · Apr 11, 1988

Weinman appealed the building inspector’s decision to the Nantucket board of appeals (board). … Madaket appealed the board’s decision to the Land Court, pursuant to G. L. c. 40A, § 17, and c. 185, § 1 (jVz) (1986 ed.).

Massachusetts Teachers Ass'n v. Teachers' Retirement Board

383 Mass. 345 · Massachusetts Supreme Judicial Court · Apr 8, 1981

On the point that administrative practice in this field should not legitimate a course derogating from defined legislation, see Weber v. Levitt, 41 App. Div. 2d 452,457 (N.Y. 1973), aff’d 34 N.Y.2d 797 (1974); Kivo v. … As to the use of the date of approval, rather than the effective date, as cutting off expectations, compare Kleinfeldt v. New York City Employees’ Retirement Sys., 36 N.Y.2d 95, 100-101 (1975); Kranker v.

School Committee of Springfield v. Board of Education

362 Mass. 417 · Massachusetts Supreme Judicial Court · Sep 7, 1972

Since there is no claim here that Springfield maintains a dual system of “racially separated school[s]” in violation of the mandate in Brown v. Board of Educ. of Topeka, 347 U. S. 483 ; S. C. 349 U. … See also School Comm. of Boston v. Board of Educ. 352 Mass. 693, 696-697; Wachusett Regional Sch. Dist. Comm. v. Erickson, 353 Mass. 77, 79-80 .

Levy v. Board of Registration & Discipline in Medicine

378 Mass. 519 · Massachusetts Supreme Judicial Court · Jul 27, 1979

See Forziati v. Board of Registration in Medicine, 333 Mass. 125, 127 (1955); Lawrence v. … Shakin v. Medical Examiners, 254 Cal. App. 2d 102, 112-113 (1967), appeal dismissed and cert. denied, 390 U.S. 410 (1968), quoting from Brown v. Gordon, 240 Cal. App. 2d 659, 667 (1966). See Matanky v.