Case law

CHR General, Inc. v. City of Newton

387 Mass. 351 · Massachusetts Supreme Judicial Court · Sep 1, 1982

The board of aldermen (board) of the city adopted Ordinance No. R-166 (R-166) on August 17, 1981. … Board of Appeals of Hanover v. Housing Appeals Comm., 363 Mass. 339, 359 (1973). See John Donnelly & Sons v. Outdoor Advertising Bd., 369 Mass. 206 , 210 n.8 (1975); Collura v. Arlington, 367 Mass. 881 , 885 n.3 (1975).

County Commissioners v. Conservation Commission

380 Mass. 706 · Massachusetts Supreme Judicial Court · May 21, 1980

For example, in Del Duca *716 v. Town Adm’r of Methuen, 368 Mass. 1 (1975), a municipality had established a planning board in conformity with G. … Del Duca v. Town Adm’r of Methuen, supra at 8-9. See also Arlington v.

Paterno's Case

266 Mass. 323 · Massachusetts Supreme Judicial Court · Feb 27, 1929

Johnson v. Iverson, 175 Minn. 319 , and Cambria Coal Mining Co. v. … Morse v. Boston, 253 Mass. 247, 252 . We think the questions argued by the insurer are open.

Louis H. Salvage Shoe Co. v. Keith

330 Mass. 91 · Massachusetts Supreme Judicial Court · Apr 1, 1953

The spots were caused by a “dark brown oily substance” contained in the adhesive which had been furnished by the defendant. … See Cousbelis v. Alexander, 315 Mass. 729, 731 ; Cox v. Savage, 209 Mass. 501, 508 ; Napier v. John V. Farwell Co. 60 Colo. 319 .

Fredkin v. State Tax Commission

369 Mass. 973 · Massachusetts Supreme Judicial Court · Mar 3, 1976

On February 2,1973, the taxpayers appealed to the Appellate Tax Board. … Under its Buie 37, the board was authorized to reconsider its first ruling on the plea in bar, particularly since the plea went to the jurisdiction of the board. See Fall River v.

Mighill v. Inhabitants of Rowley

224 Mass. 586 · Massachusetts Supreme Judicial Court · Jun 22, 1916

It was said in Attorney General v. Abbott, ubi supra, at page 328: “The acceptance is by the public at large, and the principal thing to show it is use by the public.” In Attorney General v. … In Commissioners of Wyandotte County v.

Columbia Chiropractic Group, Inc. v. Trust Insurance

430 Mass. 60 · Massachusetts Supreme Judicial Court · Jul 8, 1999

Columbia asserts that Trust’s claim alleges violations of regulations of the Board of Registration of Chiropractors (board) and that the board should, in the first instance, deal with such allegations. We disagree. … Columbia makes no attempt to explain how the board could grant Trust relief under G. L. c. 93A or otherwise. The board has no authority to award G. L. c. 93A damages, and the question of G.

In re Murray

455 Mass. 872 · Massachusetts Supreme Judicial Court · Feb 2, 2010

For these events, the Board of Bar Overseers (board) has recommended a two-month suspension. … See also Samia v. Central Oil Co., 339 Mass. 101, 126 (1959).

In the Matter of Murray

Massachusetts Supreme Judicial Court · Jun 28, 2023

See Wei Jia v. Board of Bar Examiners, 427 Mass. 777, 780 (1998). … See, e.g., Novak v. Board of Bar Examiners, 397 Mass. 270, 274 (1986). In the county court, Murray's "declaration" expressly sought a waiver of the provisions of S.J.C. Rule 3:01, § 3.3, v.

Hopkinton LNG Corp. v. State Tax Commission

372 Mass. 286 · Massachusetts Supreme Judicial Court · Apr 1, 1977

The Appellate Tax Board (board) held that the process constitutes a service and not a manufacturing activity, and we affirm. The taxpayer conceded in argument that its alternative claim of exemption under G. … First Data Corp. v. State Tax Comm’n, 371 Mass. 444, 446-447 (1976), quoting from Commissioner of Corps. & Taxation v. Assessors of Boston, 321 Mass. 90, 94 (1947).

Boston Elevated Railway Co. v. Metropolitan Transit Authority

323 Mass. 562 · Massachusetts Supreme Judicial Court · Jan 4, 1949

They were empowered to appoint and remove in their discretion all officers save the board of directors (§ 2). … public control act, “and shall act in their stead . . . and thereupon the term of the present board of trastees . . . shall terminate.”

Byrne v. Daley

288 Mass. 51 · Massachusetts Supreme Judicial Court · Sep 26, 1934

The plaintiff stood on the running board beside the door on the left side, the window in which was down. … The case at bar does not fall within the class of gross negligence cases illustrated by Terlizzi v. Marsh, 258 Mass. 156 ; Connors v. Boland, 282 Mass. 518 ; Dow v. Lipsitz, 283 Mass. 132 ; Curtis v.

Bonar v. City of Boston

369 Mass. 579 · Massachusetts Supreme Judicial Court · Jan 23, 1976

Baugh, 240 Ala. 391, 395 (1941), on later appeal, Baugh v. Board of Educ. of Marshall County, 244 Ala. 522 (1943); Board of Pub. Educ. in Wilmington v. Delaney, 52 Del. 213, 219-220 (1959); Bessler v. … Farley v. Board of Educ. of Euclid City School Dist., 169 Ohio St. 388 (1959), is apparently confirming of this analysis.

Bleistine v. City of Chelsea

204 Mass. 105 · Massachusetts Supreme Judicial Court · Jan 6, 1910

Olson v. Worcester, 142 Mass. 536, 537 . Fleming v. Springfield, 154 Mass. 520 . Campbell v. Boston, 189 *109 Mass. 7 . … Post v. Boston, 141 Mass. 189 . Campbell v. Boston, 189 Mass. 7 . Harrigan v. Worcester, 198 Mass. 354 . Winship v. Boston, 201 Mass. 273 .

Keith v. de Bussigney

179 Mass. 255 · Massachusetts Supreme Judicial Court · Jun 17, 1901

One is that suggested by the cases of Whiting v. Sullivan, 7 Mass. 107 , Earle v. Coburn, 130 Mass. 596 , and Putnam v. Glidden, 159 Mass. 47 . … Collins v. Delaporte, 115 Mass. 159, 162 . Clark v. Marsiglia, 1 Denio, 317 . Danforth v. Walker, 37 Vt. 239 . Allen v. Jarvis, 20 Conn. 38 . Cort v. Ambergate Railway, 17 Q. B. 127.

DiLeo's Case

295 Mass. 568 · Massachusetts Supreme Judicial Court · Oct 29, 1936

The reviewing board, on November 10, 1933, affirmed the finding and ruling of the single member. … Southern Pacific Co. v. Jensen, 244 U. S. 205 .

Gerber v. New York Central Railroad

288 Mass. 318 · Massachusetts Supreme Judicial Court · Nov 13, 1934

In Harvey v. … Jennings v. Rooney, 183 Mass. 577 . Commonwealth v.

Liberty Life Assurance Co. v. State Tax Commission

374 Mass. 25 · Massachusetts Supreme Judicial Court · Dec 16, 1977

See Rosenbloom v. Kokofsky, 373 Mass. 778, 781-782 (1977); Randall’s Case, 331 Mass. 383, 386 (1954); 2A C. Sands, Sutherland Statutory Construction § 49.09 (4th ed. 1973). … Both parties agree that a second application for an abatement on the same ground would not give the applicant a second chance to appeal to the board. See Fredkin v. State Tax Comm’n, 369 Mass. 973 (1976).

Henry v. Mansfield Beauty Academy, Inc.

353 Mass. 507 · Massachusetts Supreme Judicial Court · Jan 5, 1968

Lubell v. First Natl. Stores, Inc. 342 Mass. 161 . Newgent v. Colonial Contractors & Builders, Inc. 348 Mass. 582 . See S. Albertson Co. Inc. v. Great No. Ry. 342 Mass. 326 . … McCarthy v. National Assn. for Stock Car Auto Racing, Inc. 48 N. J. 539, 543. See Boyd v. Smith, 372 Pa. 306, 309-310 . See also Weirick v.

Wakefield Ready-Mixed Concrete Co., Inc. v. State Tax Commission

356 Mass. 8 · Massachusetts Supreme Judicial Court · May 5, 1969

This is an appeal from a decision of the Appellate Tax Board (the board) denying an abatement of use taxes assessed to the appellant (Wakefield) with respect to the use by it of replacement parts and machinery for its *9 … The decisions of the Appellate Tax Board in this case and the companion cases are reversed. See fn. 1. The cases are remanded to the board for abatement and refund of the disputed excises with interest.