Case law

Bennett v. Board of Aldermen

361 Mass. 802 · Massachusetts Supreme Judicial Court · May 12, 1972

The petitioner seeking relief by a writ of certiorari has the burden of showing on the face of the record that the denial of his application was due to an error of law by the board. Kidder v. … Such a ruling ignores and destroys the board’s right to exercise the discretion vested in it. Gulf Oil Corp. v. Board of Appeals of Framingham, 355 Mass. 275, 277-278 . Malcomb v.

Brown v. Eastern Railroad

65 Mass. 97 · Massachusetts Supreme Judicial Court · Mar 15, 1853

Hollister v. Nowlen, 19 Wend. 234 ; Cole v. Goodwin, Ib. 251; 2 Greenl. Ev. § 215. … Bingham v. Rogers, 6 Watts & Serg. 495 ; Laing v. Colder, 8 Barr, 484; Swindler v. Hilliard, 2 Richardson, 286.

Hoban v. BOSTON RETIREMENT BOARD

355 Mass. 681 · Massachusetts Supreme Judicial Court · Apr 15, 1969

See Godfrey Coal Co. v. Gray, 296 Mass. 323 ; Lowell v. Massachusetts Bonding & Ins. Co. 313 Mass. 257, 271 ; Seney v. … Lowell, 334 Mass. 516 , Murphy v. Boston, 337 Mass. 560 , and Weiner v.

Currens v. Board of Assessors

370 Mass. 249 · Massachusetts Supreme Judicial Court · May 7, 1976

Coonce v. Coonce, 356 Mass. 690, 692-693 (1970). Gorey v. Guarente, 303 Mass. 569, 570-571 (1939). We therefore disregard that information. … For recent tax cases in addition to those cited in the Schulte opinion, see William Rodman & Sons v. State Tax Comm’n, 364 Mass. 557, 559 (1974), and Sears, Roebuck & Co. v. State Tax Comm’n, ante, 127, 129-130 (1976) .

Grace v. Board of Health

135 Mass. 490 · Massachusetts Supreme Judicial Court · Sep 7, 1883

Stone v. Boston, 2 Met. 220 . Salem v. Eastern Railroad, 98 Mass. 431, 449 . Northampton v. Abell, 127 Mass. 507 . Nichols v. Salem, 14 Gray, 490 . Hancock v. Boston, 1 Met. 122 . Lowell v. Hadley, 8 Met. 180 . … The board could do the work by agents, and their performance of it has been in effect ratified by the board. Hitchcock v. Galveston, 96 U. S. 341 .

Johnson v. Board of Appeals

360 Mass. 872 · Massachusetts Supreme Judicial Court · Jan 5, 1972

L. c. 40A, § 15, as amended through St. 1958, c. 381) for any permitted purpose brings the case within authorities like Dion v. Board of Appeals of Waltham, 344 Mass. 547, 551-552 , and Sherman v. … Board of Appeals of Worcester, 354 Mass. 133, 134-136 , rather than cases such as Bouchard v. Ramos, 346 Mass. 423, 426 , McLaughlin v. Rockland Zoning Bd. of Appeals, 351 Mass. 678, 683 , and Garfield v.

Board of Selectmen v. Lindsay

444 Mass. 502 · Massachusetts Supreme Judicial Court · Jun 29, 2005

See Bowers v. Board of Appeals of Marshfield, 16 Mass. App. Ct. 29, 32 (1983). … Lamson & Co. v. Abrams, 305 Mass. 238, 244 (1940). Cf. Houghton v.

Donlon v. Board of Assessors

389 Mass. 848 · Massachusetts Supreme Judicial Court · Aug 8, 1983

Id., quoting Cohen v. Board of Registration in Pharmacy, 350 Mass. 246, 253 (1966). A. The Appellants’ Affirmative Evidence of Value. … L. c. 40A, § 6; Sturges v. Chilmark, 380 Mass. 246, 260-261 (1980); Lee v. Board of Appeals of Harwich, 11 Mass. App. Ct. 148 , 151 n.4 (1981).

Stilson v. Board of Assessors

385 Mass. 724 · Massachusetts Supreme Judicial Court · Apr 8, 1982

General Laws c. 58A, § 13, allows the board to issue its report after it issues the decision in a case. See Forte Inv. Fund v. … However, the board has only that jurisdiction conferred on it by statute. Assessors of Boston v. Suffolk Law School, 295 Mass. 489, 492 (1936).

Board of Assessors v. Baumann

370 Mass. 36 · Massachusetts Supreme Judicial Court · Apr 2, 1976

Gordon v. Sanderson, 165 Mass. 375, 376 (1896). Perhaps for this reason, the board was granted jurisdiction of appeals under G. … The board has no jurisdiction beyond that granted it by the Legislature. Commissioner of Corps. & Taxation v. St. Botolph Club, Inc., 321 Mass. 269, 279 (1947). Assessors of Boston v.

Iodoce v. Architectural Access Board

424 Mass. 370 · Massachusetts Supreme Judicial Court · Mar 7, 1997

See Brooks v. Architectural Barriers Bd., 14 Mass. App. Ct. 584, 588 (1982); see also Levy v. Board of Registration & Discipline in Medicine, 378 Mass. 519, 524-526 (1979). The fourth paragraph of G. … We shall assume that the burden rested with the board because, in any event, there was substantial evidence to support the board’s conclusion.

Clay v. Massachusetts Parole Board

475 Mass. 133 · Massachusetts Supreme Judicial Court · Aug 12, 2016

See Diatchenko, supra at 666, 673; Commonwealth v. Brown, 466 2 The full factual background concerning Frederick Clay's conviction is set forth in our opinion affirming his conviction. See Commonwealth v. … Brown, 466 Mass. at 689 n.10, citing Calder v. Bull, 3 U.S. (3 Dall.) 386, 390 (1798).

Muldoon v. Board of Appeals

351 Mass. 702 · Massachusetts Supreme Judicial Court · Nov 3, 1966

The motion to intervene filed by the original applicant on October 13, 1965, recited that only the board had been named a defendant and asked leave to intervene to oppose the appeal, assigning “as reasons . . . the facts

Blakeley v. Board of Assessors

391 Mass. 473 · Massachusetts Supreme Judicial Court · Mar 15, 1984

The board is entitled to select valuation methods, as long as they are reasonable and supported by the record. See General Dynamics Corp. v. Assessors of Quincy, 388 Mass. 24, 29 (1983); Boston Edison Co. v. … Seagram & Sons v.

Smigliani v. Board of Appeals

348 Mass. 794 · Massachusetts Supreme Judicial Court · Mar 2, 1965

Board of Appeals of Barnstable, 331 Mass. 555, 557-560 . See also Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, 353 . … Mahoney v. Board of Appeals of Winchester, 344 Mass. 598, 601-602 ; Lombard v. Board of Appeal of Wellesley, ante, p. 788. It is not argued that G.

Brown v. Independent Baptist Church of Woburn

325 Mass. 645 · Massachusetts Supreme Judicial Court · Apr 14, 1950

Dyer v. Siano, 298 Mass. 537, 539 . Hayden v. Stoughton, 5 Pick. 528 , 535-540. Brigham v. Shattuck, 10 Pick. 306 . Austin v. Cambridgeport Parish, 21 Pick. 215 , 223-224. Clapp v. Wilder, 176 Mass. 332, 337 . … Proprietors of the Church *648 in Brattle Square v. Grant, 3 Gray, 142 , 148. French v. Old South Society in Boston, 106 Mass. 479, 488-489 . Tobey v. Moore, 130 Mass. 448, 450 .

Tranfaglia v. Board of Appeals

306 Mass. 619 · Massachusetts Supreme Judicial Court · Jul 3, 1940

The plaintiffs in this case were the petitioners in Tranfaglia v. … Tranfaglia v. Building Commissioner of Winchester, ante, 495. Petros v. Superintendent of Buildings of Lynn, ante, 368.

President of Washington Bank v. Brown

43 Mass. 293 · Massachusetts Supreme Judicial Court · Mar 15, 1841

Emerson v. Thompson, 2 Pick. 490 . By the Rev.

Staman v. Board of Assessors

351 Mass. 479 · Massachusetts Supreme Judicial Court · Dec 12, 1966

The board’s decisions were in favor of the assessors. From those decisions, the trustees appealed. The cases were heard by the board on the pleadings and a statement of agreed facts. … The decisions of the Appellate Tax Board are reversed. The cases are remanded to the board for appropriate action, consistent with this opinion, affording the trustees the benefit of the exemption under Gr.

Board of Assessors v. Costin

356 Mass. 726 · Massachusetts Supreme Judicial Court · Oct 31, 1969

The board was not required to accept the opinion expressed, or the valuation principles used, by an expert witness called by the assessors. Mayland P. Lewis, Special Town Counsel, for the Board of Assessors of Nahant. … Decision of the Appellate Tax Board affirmed. The taxpayer is to have costs before the board and in this court.