Case law

Anesse v. Board of Appeals

361 Mass. 893 · Massachusetts Supreme Judicial Court · May 5, 1972

LaMontagne v. Kenney, 288 Mass. 363, 366-368 . Moore v. Cataldo, 356 Mass. 325, 328 , and cases cited. MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 637-639 . … Bannish v. Bannish, 357 Mass. 279, 281 . There is ample evidence to support such findings. See Carson v. Board of Appeals of Lexington, 321 Mass. 649, 654-655 ; Simeone Stone Corp. v. Oliva, 350 Mass. 31, 38 .

Sullivan v. Board of Appeals

348 Mass. 793 · Massachusetts Supreme Judicial Court · Mar 1, 1965

The first phase involved a bill in equity (brought by the present appellants) by way of appeal from a decision of the board of appeals of Canton granting a variance to Robert A. … The amendment was challenged in mandamus proceedings by the present appellants on the ground that it constituted spot zoning; it was held to be valid in Sullivan v. Selectmen of Canton, 346 Mass. 784 .

Jackson v. Board of Registrars of Voters

353 Mass. 747 · Massachusetts Supreme Judicial Court · Nov 3, 1967

The petitioners appeal from an order for judgment dismissing a petition for a writ of mandamus to compel the respondent board inter alla to certify an alleged referendum petition.

Western Massachusetts Lifecare Corp. v. Board of Assessors

434 Mass. 96 · Massachusetts Supreme Judicial Court · May 11, 2001

The taxpayer bears the burden of showing the property is overvalued, and the board may presume the validity of the valuation unless the taxpayer has sustained the burden of proving the contrary. See Schlaiker v. … Co. v. Assessors of Lynn, 393 Mass. 591 , 599 n.3 (1984). On such a motion, the board may engage in weighing the evidence to *108 determine whether the party bearing the burden of proof has met that burden.

Harris v. Board of Trustees of State Colleges

405 Mass. 515 · Massachusetts Supreme Judicial Court · Aug 8, 1989

See Munson v. Friske, 754 F.2d 683, 690 (7th Cir. 1985). However, in this case, the record does not support a finding that the plaintiff’s speech played any role in the board’s decision. See Setliff v. … See Connick v. Myers, 461 U.S. 138 (1983); Boehm v. Foster, 670 F.2d 111, 113 (9th Cir. 1982); Chitwood v.

Barbato v. Board of Appeal of Chelsea

355 Mass. 264 · Massachusetts Supreme Judicial Court · Jan 31, 1969

L. c. 40A, § 21, from a decision of the board of appeal of the city of Chelsea (board) sustaining the building inspector’s denial of a building permit. … Subsequent to the filing of the appeal to the board, but prior to the board's decision, Barbato and his wife acquired title to the three lots.

Dunbar v. Board of Aldermen of Boston

101 Mass. 317 · Massachusetts Supreme Judicial Court · Mar 15, 1869

Ingalls v. Baker, 13 Allen, 449 . They were not a nuisance unless kept for sale illegally. Gen. Sts. c. 86, § 60. The petitioner does not allege that he kept them for sale.

School Committee of Boston v. Board of Education

363 Mass. 125 · Massachusetts Supreme Judicial Court · Feb 15, 1973

See Duato v. Commissioner of Pub. Welfare, 359 Mass. 635, 639 . … So ordered. 1 In reviewing the rejection by the board of a school committee plan, the court should act within the guidelines set forth in School Comm. of Springfield v.

Robert M. Joost v. Board of Bar Examiners

Massachusetts Supreme Judicial Court · Nov 19, 2024

Rule 3:01, §§ 1.1.4, 3.1.2, 3.1.3; Osakwe v. Board of Bar Examiners, 448 Mass. 85, 87 (2006). … Wei Jia v. Board of Bar Examiners, 427 Mass. 777, 782 (1998).

DSM Realty, Inc. v. Board of Assessors

391 Mass. 1014 · Massachusetts Supreme Judicial Court · Apr 4, 1984

Westwood Group, Inc. v. Assessors of Revere, ante 1012 (1984) (sale by city, to place land back on the tax rolls, made to a purchaser with G. L. c. 121A “tax agreement” not shown to be under compulsion). … New Boston Garden Corp. v. Assessors of Boston, 383 Mass. 456, 470 (1981). The board was thus justified in concluding that the taxpayer did not meet its burden of proof. The case was submitted on briefs. Joseph F.

Ryan v. Board of Registration in Medicine

388 Mass. 1013 · Massachusetts Supreme Judicial Court · Apr 6, 1983

There was substantial evidence in support of the Board’s decision against the physician on these points. G. L. c. 30A, § 14 (7). See Arthurs v. Board of Registration in Medicine, 383 Mass. 299, 304-305 (1981). … The Board committed no error of law.

Dennis Housing Corp. v. Zoning Board of Appeals

439 Mass. 71 · Massachusetts Supreme Judicial Court · Mar 31, 2003

See Zoning Bd. of Appeals of Wellesley v. Ardemore Apartments Ltd. Partnership, supra at 815-816; Mahoney v. Board of Appeals of Winchester, supra; Board of Appeals of Hanover v. … See Board of Appeals of Hanover v. Housing Appeals Comm., supra at 347; Milton Common Assocs. v. Board of Appeals of Milton, supra at 117. 4.

Richard W. Gannett v. Board of Bar Overseers

Massachusetts Supreme Judicial Court · Feb 11, 2025

Picciotto v. Superior Court Dep't of the Trial Court, 436 Mass. 1001, 1001 , cert. denied, 537 U.S. 820 (2002). Accordingly, the single justice correctly dismissed the complaint. See Picciotto v. … See Pare v. Harmony House, Inc., 477 Mass. 1002, 1003 (2017); Cariglia v.

Fogland v. Board of Registration in Medicine

357 Mass. 624 · Massachusetts Supreme Judicial Court · Jun 11, 1970

Lawrence v. Board of Registration in Medicine, 239 Mass. 424, 428 . McMurdo v. Getter, 298 Mass. 363, 366 , and cases cited. Commonwealth v. Finnigan, 326 Mass. 378, 379 . … Commonwealth v. Jewelle, 199 Mass. 558 . Lawrence v. Board of Registration in Medicine, 239 Mass. 424, 428-429 . Dent v. West Virginia, 129 U. S. 114 . Collins v. Texas, 223 U. S. 288 .

Abbene v. Board of Election Commissioners of Revere

348 Mass. 247 · Massachusetts Supreme Judicial Court · Dec 9, 1964

Eldridge v. Selectmen of Chatham, 192 Mass. 409, 411 . Swift v. Registrars of Voters of Milton, 281 Mass. 264, 268 . That part of G. … Cabell v. Markham, 148 F. 2d 737, 739 (2d Cir.).

New England Railroad v. Board of Railroad Commissioners

171 Mass. 135 · Massachusetts Supreme Judicial Court · May 19, 1898

Sts. c. 112, §§ 129,130, with that of St. 1872, c. 262, and of St. 1874, c. 305, and with the decisions of this court in Lancaster v. County Commissioners, 113 Mass. 100 , and Boston & Albany Railroad v.

JACQUELINE JOHNSON v. ENERGY FACILITIES SITING BOARD & Another

Massachusetts Supreme Judicial Court · Jan 9, 2025

Alliance to Protect Nantucket Sound, Inc. v. Energy Facilities Siting Bd., 457 Mass. 663, 690 (2010) (Alliance II), quoting Goldberg v. Board of Health of Granby, 444 Mass. 627, 638 (2005). … Yet, Johnson presented no evidence to the board that the sound specifications could not be met. See Duggan v.

Kippenberger v. Board of Registration in Veterinary Medicine

448 Mass. 1035 · Massachusetts Supreme Judicial Court · Apr 23, 2007

Fisch v. Board of Registration in Med., 437 Mass. 128, 131 (2002). … Withrow v. Larkin, 421 U.S. 35, 58 (1975). Craven v. State Ethics Comm’n, 390 Mass. 191, 198-199 (1983). Raymond v. Board of Registration in Med., 387 Mass. 708, 717 (1982).

Davis v. Board of Registrars of Voters

357 Mass. 615 · Massachusetts Supreme Judicial Court · Jun 10, 1970

In the Felch case the failure of the board of registrars to comply with the indorsement provision of G. … In Abbene v. Election Commrs. of Revere, 348 Mass. 247 , the deviation was from that part of G.

City Council of Peabody v. Board of Appeals

360 Mass. 867 · Massachusetts Supreme Judicial Court · Dec 10, 1971

The clause in question originally distinguished between “officers” and “boards” and the latter was struck out. See Carr v. Board of Appeals of Medford, 334 Mass. 77, 80 . The plaintiff is not an aggrieved “person.” … See Taunton v. Commissioner of Corps. and Taxn. 359 Mass. 188, 190-191 . Cf. Circle Lounge & Grille, Inc. v. Board of Appeal of Boston, 324 Mass. 427, 430-431 . We must construe the statute as it Is written. Morse v.