Case law

Fairman v. Board of Appeal of Melrose

331 Mass. 160 · Massachusetts Supreme Judicial Court · Mar 1, 1954

Lambert v. Board of Appeals of Lowell, 295 Mass. 224, 227 . Turner v. Board of Appeals of Milton, 305 Mass. 189, 192 . Petros v. Superintendent of Buildings of Lynn, 306 Mass. 368, 369 . Tranfaglia v. … Boyle v. Building Inspector of Malden, 327 Mass. 564, 566-567 . Sunderland v. Building Inspector of North Andover, 328 Mass. 638, 641 . See Bicknell Realty Co. v. Board of Appeal of Boston, 330 Mass. 676, 678-679 .

Elmer v. Board of Zoning Adjustment of Boston

343 Mass. 24 · Massachusetts Supreme Judicial Court · Jun 14, 1961

Bradley v. Board of Zoning Adjustment of Boston, 255 Mass. 160,173 . … Compare McHugh v. Board of Zoning Adjustment of Boston, 336 Mass. 682, 686 ; Shapiro v. Cambridge, 340 Mass. 652 .

Sherman v. Board of Selectmen of Orleans

355 Mass. 786 · Massachusetts Supreme Judicial Court · Jan 6, 1969

This is an appeal from a judgment in the Superior Court denying a petition for a writ of certiorari to review action of the board of selectmen (board). … Corp. v. Commissioner of Pub. Safety, 260 Mass. 548 . This we decline to do. Judgment affirmed.

Palitz v. Zoning Board of Appeals of Tisbury

470 Mass. 795 · Massachusetts Supreme Judicial Court · Mar 3, 2015

See Mendes v. Board of Appeals of Barnstable, 28 Mass. App. Ct. 527, 531 (1990). … Cornell v. Board of Appeals of Dracut, 453 Mass. 888, 892 (2009).

Coolidge v. Zoning Board of Appeals of Framingham

343 Mass. 742 · Massachusetts Supreme Judicial Court · Mar 9, 1962

Board of Appeal of Boston, 319 Mass. 180, 184 ; Cary v. Board of Appeals of Worcester, 340 Mass. 748, 751 . … The board’s “limited and carefully restricted variance power, Benjamin v. Board of Appeals of Swansea, 338 Mass. 257, 261 , may not be invoked for this purpose.” Shacka v.

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.

O'Connell v. City of Brockton Board of Appeals

344 Mass. 208 · Massachusetts Supreme Judicial Court · Apr 20, 1962

See Slack v. Inspector of Buildings of Wellesley, 262 Mass. 404 . … Commonwealth v. Carpenter, 325 Mass. 519, 521 , and cases cited. The foregoing analysis demonstrates that this setback ordinance belongs to this class. See Gorieb v. Fox, 274 U. S. 603, 605-606 . 2.

Harrington v. Board of Selectmen of Tisbury

369 Mass. 652 · Massachusetts Supreme Judicial Court · Feb 2, 1976

L. c. 43B was not a condition precedent to the by-law’s application to a water commissioner who chooses to run for, is elected to, and assumes office on the board of selectmen. See Rugg v. … A by-law forbidding dual office holding by persons subsequently elected to the board of selectmen is not a change in the “composition” of the board of selectmen. Cf. Lane v.

Daley Construction Co. v. Planning Board of Randolph

340 Mass. 149 · Massachusetts Supreme Judicial Court · Dec 17, 1959

See discussion in Brand v. Water Commrs. of Billerica, 242 Mass. 223, 228 ; Loring v. Commissioner of Pub. Works of Boston, 264 Mass. 460, 464-465 ; B & B Amusement Enterprises, Inc. v. … See also Bowker v. Worcester, 334 Mass. 422, 431-432 ; Coolidge v. Planning Bd. of No. Andover, 337 Mass. 648, 650 ; Brush Hill Dev. Inc. v. Commonwealth, 338 Mass. 359, 361 . 3 See e.g. facts considered in Stabile v.

School Committee of Boston v. Board of Education

352 Mass. 693 · Massachusetts Supreme Judicial Court · Jun 9, 1967

Druzik v. Board of Health of Haverhill, 324 Mass. 129, 138-139 , and cases cited. … Comm. v. Barksdale, 348 F. 2d 261, 266 (1st Cir.). See Wanner v. County Sch. Bd. of Arlington County, Virginia, 357 F. 2d 452, 454-456 (4th Cir.); Morean v. Board of Educ. of Montclair, 42 N. J. 237, 241-244.

Clark v. Board of Water & Sewer Commissioners

353 Mass. 708 · Massachusetts Supreme Judicial Court · Feb 29, 1968

See Johnson v. District Atty. for the No. Dist. 342 Mass. 212, 215 . … Massachusetts Soc. of Graduate Physical Therapists, Inc. v. Board of Registration in Medicine, 330 Mass. 601, 605-606 . The exceptions are sustained. The order denying the motion for judgment is vacated.

Boston Symphony Orchestra, Inc. v. Board of Assessors

294 Mass. 248 · Massachusetts Supreme Judicial Court · Apr 3, 1936

Thornton v. Franklin Square House, 200 Mass. 465 . New England Sanitarium v. Stoneham, 205 Mass. 335 . Springfield Young Men’s Christian Association v. Board of Assessors, 284 Mass. 1 . … Springfield Young Men’s Christian Association v. Board of Assessors, 284 Mass. 1, 5 .

Attorney General v. Energy Facilities Siting Board

419 Mass. 1003 · Massachusetts Supreme Judicial Court · Jan 11, 1995

In light of our opinion in Point of Pines Beach Ass’n, Inc. v. Energy Facilities Siting Bd., ante 281 (1995), decided today, we conclude that the board’s decision must be vacated. … We leave to the discretion of the board whether to reopen hearings on this matter. Frederick D. Augenstern, Assistant Attorney General, for the Attorney General. Philip Y. Brown (David M.

Casasanta v. Zoning Board of Appeals of Milford

377 Mass. 67 · Massachusetts Supreme Judicial Court · Jan 9, 1979

Board of Appeal of Wellesley, 356 Mass. 159, 162 (1969); Crosby v. Board of Appeals of Weston, 3 Mass. App. … Cullen v. Building Inspector of N. Attleborough, 353 Mass. 671, 679 (1968); Crosby v. Board of Appeals of Weston, 3 Mass. App.

Moustafa v. Board of Registration in Medicine

424 Mass. 1014 · Massachusetts Supreme Judicial Court · Feb 11, 1997

There was substantial evidence that supported the board’s decision. The doctor challenges the credibility of the complaining patient, an issue for the administrative magistrate and not for this court.

Massachusetts Federation of Teachers v. Board of Education

436 Mass. 763 · Massachusetts Supreme Judicial Court · May 9, 2002

Levy v. Board of Registration & Discipline in Med., 378 Mass. 519, 525 (1979). … Contrast Board of Educ. v.

Board of Assessors v. State Tax Commission

357 Mass. 505 · Massachusetts Supreme Judicial Court · May 11, 1970

Nor are the abuses envisaged by the board likely to occur if fair cash value carries its usual meaning. We recently decided in Bettigole v. … It was not, therefore, obnoxious to our holding in Boott Mills v. Board of Conciliation & Arbitration, 311 Mass. 223, 227 .

Castle Estates v. Park & Planning Board of Medfield

344 Mass. 329 · Massachusetts Supreme Judicial Court · May 9, 1962

See Dodge v. Inspector of Bldgs. of Newburyport, 340 Mass. 382, 386 . Cf. Clarke v. Board of Appeals of Nahant, 338 Mass. 473, 475 . The exhibits transmitted, however, are referred to in the judge’s findings. … See Jenckes v.

Framingham Clinic, Inc. v. Zoning Board of Appeals

382 Mass. 283 · Massachusetts Supreme Judicial Court · Jan 9, 1981

Green v. Board of Appeal of Norwood, 358 Mass. 253, 258-259 (1970). … See McCarthy v. Board of Appeals of Ashland, 354 Mass. 660 (1968); Deutschmann v. Board of Appeals of Canton, 325 Mass. 297 (1950); D’Ambra v. Zoning Board of Appeal of Attleboro, 324 Mass. 61 (1949); Shea v.

Carpenter v. Zoning Board of Appeals of Framingham

352 Mass. 54 · Massachusetts Supreme Judicial Court · Feb 13, 1967

L. c. 40A, § 21, by way of an appeal from a decision of the zoning board of appeals of Framingham (board) upholding the granting of a building permit to the defendant Catalina Swim Club, Inc. … See, e.g., Montgomery County v. Merlands Club, Inc. 202 Md. 279 ; Steppler v. Board of Adjustment of Radnor Township, 5 D. & C. (Pa.) 2d 8.