Case law
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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.
Cited 0 timesPublishedSchomer v. Board of Bar Examiners
465 Mass. 55 · Massachusetts Supreme Judicial Court · May 10, 2013
Wei Jia v. Board of Bar Examiners, 427 Mass. 777, 782 (1998). … See Osakwe v. Board of Bar Examiners, 448 Mass. 85, 88-89 (2006); Matter of an Application for Admission to the Bar of the Commonwealth, 443 Mass. 1010, 1011 (2005).
Cited 0 timesPublishedCFM Buckley/North, LLC v. Board of Assessors
453 Mass. 404 · Massachusetts Supreme Judicial Court · Mar 16, 2009
Similarly, in Brown, Rudnick, Freed & Gesmer v. … The board of assessors of Greenfield filed a motion to dismiss, which the board treated as a motion for judgment on the pleadings. In Mary C. Wheeler Sch., Inc. v.
Cited 7 timesPublishedBoard of Assessors v. Ogden Suffolk Downs, Inc.
398 Mass. 604 · Massachusetts Supreme Judicial Court · Nov 24, 1986
It would be within the board’s authority, and, in certain instances, the board’s obligation to take official notice of its own records. Cf. G. L. c. 30A, § 11(5) (1984 ed.). Assessors of New Braintree v. … Leen v. Assessors of Boston, 345 Mass. 494, 506 (1963). The board acted within its discretion in treating certain sales as comparable.
Cited 18 timesPublishedCity 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.
Cited 6 timesPublishedSUSAN HARTNETT v. CONTRIBUTORY RETIREMENT APPEAL BOARD & others.
Massachusetts Supreme Judicial Court · Sep 11, 2024
Municipal Corporations, Retirement board, Pensions. Contributory Retirement Appeal Board. Public Employee Retirement Administration Commission. Administrative Law, Agency's interpretation of statute. … See Balles v.
Cited 0 timesPublishedTown of Andover v. Energy Facilities Siting Board
435 Mass. 377 · Massachusetts Supreme Judicial Court · Nov 19, 2001
See Enos v. Secretary of Envtl. Affairs, 432 Mass. 132, 136-139 (2000). … Co. v. Energy Facilities Siting Council, 411 Mass. 183, 199-200 (1991).
Cited 13 timesPublishedBoston Athletic Association v. International Marathons
392 Mass. 356 · Massachusetts Supreme Judicial Court · Jul 3, 1984
Certain transactions require specific authorization by the board in order to be valid. For example, in Stoneman v. … Authority to make such a contract was beyond the power of the *367 board to delegate to Cloney. See Bloomberg v. Greylock Broadcasting Co., supra. See also Stoneman v. Fox Film Corp., 295 Mass. 419 (1936).
Cited 25 timesPublishedSmall Business Administration v. Board of Assessors
345 Mass. 294 · Massachusetts Supreme Judicial Court · Jan 4, 1963
Keegan v. Board of Assessors of Boston, 334 Mass. 169, 171 . The denial of Paula S. Callahan’s motion to prosecute the petition in her own name was error. … Inc. v. Board of Assessors of Boston, 309 Mass. 544 . Where the property was the only property owned by Small Business in Falmouth, the proceeding could be properly brought as one for abatement. Norwood v.
Cited 1 timesPublishedLobisser Building Corp. v. Planning Board of Bellingham
454 Mass. 123 · Massachusetts Supreme Judicial Court · Jun 22, 2009
McDermott v. Board of Appeals of Melrose, 59 Mass. App. … See Hopengarten v. Board of Appeals of Lincoln, 17 Mass. App.
Cited 7 timesPublishedFitchburg Housing Authority v. Board of Zoning Appeals
380 Mass. 869 · Massachusetts Supreme Judicial Court · Jun 12, 1980
See Cummington School of the Arts, Inc. v. Assessors of Cummington, supra at 603, and cases cited. See also Harbor Schools, Inc. v. Board of Appeals of Haver *874 hill, 5 Mass. App. Ct. 600, 603 (1977), discussed infra. … Our Appeals Court so held in Harbor Schools, Inc. v. Board of Appeals of Haverhill, supra, dealing with § 2 of The Zoning Enabling Act.
Cited 12 timesPublishedReliable Electronic Finishing Co. v. Board of Assessors
410 Mass. 381 · Massachusetts Supreme Judicial Court · Jun 10, 1991
See Parkinson v. Assessors of Medfield, 398 Mass. 112, 116 (1986) (conservation restriction); Boston Edison Co. v. Assessors of Watertown, 387 Mass. 298, 304 (1982) (governmentally-imposed restriction); Coomey v. … See Firestone Tire & Rubber Co. v. County of Monterey, 223 Cal. App. 3d 382, 392-393 (1990); Inmar As-socs., Inc. v. Borough of Carlstadt, 112 N.J. 593, 600-601 (1988).
Cited 5 timesPublishedColeman v. Board of Selectmen of Andover
351 Mass. 546 · Massachusetts Supreme Judicial Court · Jan 5, 1967
See for recent cases restating applicable principles, Raymond v. Commissioner of Pub. Works of Lowell, 333 Mass. 410, 414 ; Lanner v. Board of Appeal of Tewksbury, 348 Mass. 220, 228-230 ; Rousseau v. … Building Inspector of Framingham, 349 Mass. 31, 35 ; Halko v. Board of Appeals of Billerica, 349 Mass. 465, 471-472 ; Muto v. Springfield, 349 Mass. 479 ; Mahoney v. Commissioner of Pub. Works of Lowell, post, 697.
Cited 1 timesPublishedBrown v. President of the Worcester Bank
49 Mass. 47 · Massachusetts Supreme Judicial Court · Oct 15, 1844
been inadvertently omitted, namely, the time of the attachment of the property in question by the defendants; but we understand it was made *50 prior to the recording of the mortgage deed from Holbrook to the plaintiff Brown … right to redeem the Chase mortgage ; and they will hold as assignees of that mortgage, until the owners of the forty acres shall contribute their proportion of the sum due on the mortgage. *51 This case differs from Jenks v.
Cited 0 timesPublishedCommonwealth v. Certain Intoxicating Liquors
115 Mass. 142 · Massachusetts Supreme Judicial Court · Jun 16, 1874
Commonwealth v. Intoxicating Liquors, 13 Allen, 52 . … Commonwealth v. Intoxicating Liquors, 113 Mass. .
Cited 7 timesPublishedBarbato 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.
Cited 1 timesPublishedBrockton Public Market, Inc. v. Board of Appeals
357 Mass. 783 · Massachusetts Supreme Judicial Court · Jun 11, 1970
Gulf Oil Corp. v. Board of Appeals of Framingham 355 Mass. 275, 277 . Likewise, there was no error in holding that the refusal to grant a special permit did not require detailed findings by the board of appeals. … Ferrante v. Board of Appeals of Northampton, 345 Mass. 158, 162 . Decree affirmed.
Cited 5 timesPublishedRennert v. Board of Trustees of State Colleges
363 Mass. 740 · Massachusetts Supreme Judicial Court · Jun 12, 1973
For comparable situations, see Homer v. Fall River, 326 Mass. 673 ; Bond Liquor Store, Inc. v. Alcoholic Beverages Control Commn. 336 Mass. 70 ; Supreme Council of the Royal Arcanum v. … Selectmen of Topsfield v. State Racing Commn. 324 Mass. 309 . Insurance Rating Bd. v. Commissioner of Ins. 356 Mass. 184, 189 .
Cited 6 timesPublishedCrosby v. Board of Election Commissioners of Newton
350 Mass. 544 · Massachusetts Supreme Judicial Court · Apr 6, 1966
Swift v. Registrars of Voters of Quincy, 281 Mass. 271, 276 . Abbene v. Board of Election Commrs. of Revere, 348 Mass. 247, 250 . … Clancy v. Wallace, 288 Mass. 557, 566 . Swift v. Board of Registrars of Voters of Quincy, 281 Mass. 271, 276 . Maiewski v. Board of Registrars of Voters of Deerfield, 347 Mass. 681, 682-683 .
Cited 7 timesPublishedWiniker Realty, Inc. v. Zoning Board of Appeals
362 Mass. 869 · Massachusetts Supreme Judicial Court · Jun 16, 1972
The plaintiff filed on or about April 23, 1968, with the Zoning Board of Appeals of Millis (the board) an application for a special permit to erect six multi-unit dwellings on a locus situated in residential district No. … This ruling, and the final decree sustaining the decision of the board of appeals, were correct. See Doliner v. Planning Bd. of Millis, 343 Mass. 1, 6-7 . A. T Handverger for the plaintiff. John F. St.
Cited 6 timesPublished
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