Case law

Callahan v. Board of Bar Overseers

417 Mass. 516 · Massachusetts Supreme Judicial Court · Apr 12, 1994

An individual who files a complaint with the board does not have standing to appeal from the board’s decision to dismiss that complaint. Binns v. Board of Bar Overseers, 369 Mass. 975, 976 (1976). See Slotnick v. … See Avery v. Steele, 414 Mass. 450 , 451-453 n.2, 455-457 (1993), and cases cited; Price v. Cole, 31 Mass. App. Ct. 1, 6-7 (1991).

Hunt v. Contributory Retirement Appeal Board

332 Mass. 625 · Massachusetts Supreme Judicial Court · Jun 3, 1955

That board (hereinafter called the appeal board) affirmed the decision of the local board. The petitioner then brought this petition for certiorari upon which judgment was entered dismissing his petition. … Such certification, it is true, is not binding on the local board (Cassier v.

Hallett v. Contributory Retirement Appeal Board

431 Mass. 66 · Massachusetts Supreme Judicial Court · Mar 16, 2000

First Nat’l Bank v. Judge Baker Guidance Ctr., 13 Mass. App. Ct. 144, 153 (1982). See Murphy v. Department of Correction, 429 Mass. 736, 744 (1999); Beeler v. Downey, supra at 616 ; Boylston Water Dist. v. … In Coco v.

Miller v. Board of Assessors

350 Mass. 629 · Massachusetts Supreme Judicial Court · Apr 28, 1966

This is an appeal from a decision of the Appellate Tax Board upholding the denial by the appellee board of assessors of Wenham (assessors) of an application for the abatement of real estate taxes for 1960. … The case was heard in the Appellate Tax Board on an “Agreed Statement of Facts.”

Board of Assessors v. Dennehey

357 Mass. 243 · Massachusetts Supreme Judicial Court · Apr 9, 1970

L. c. 58A, § 7A, where the party appealing from the board’s decision is the appellant before the board, or where the assessed valuation of the property concerned exceeds $20,000 and the appellee before the board does not … Wooley v. Fall River, 220 Mass. 584, 589 . Menici v. Orton Crane & Shovel Co. 285 Mass. 499, 503-504 .

Medeiros v. Board of Aldermen

350 Mass. 767 · Massachusetts Supreme Judicial Court · Feb 7, 1966

This notice was not given and thus the action of the respondent board in granting the special permit was invalid. … Howe v. Attorney Gen. 325 Mass. 268, 270 , and eases cited.

Woods v. State Board of Parole

351 Mass. 556 · Massachusetts Supreme Judicial Court · Jan 5, 1967

See Gildea v. Commissioner of Correction, 336 Mass. 48, 51 (erroneous computation of good behavior deduction); Brown v. … Even by a writ of mandamus, the board may be required merely to consider a prisoner’s petition for parole. The board may not be required to exercise any discretion for the benefit of a prisoner. See Weinstein v.

Bell v. Zoning Board of Appeals

429 Mass. 551 · Massachusetts Supreme Judicial Court · May 6, 1999

L. c. 40B, § 21. 3 The defendant zoning board of appeals of Gloucester (board) scheduled a public hearing on the authority’s application. … Boston, 330 Mass. 381, 384 (1953), citing Circle Lounge & Grill, Inc. v. Board of Appeal of Boston, 324 Mass. 427, 431 (1949), and as such, encourages local authorities to adopt zoning regulations.

Carye v. Board of Assessors

394 Mass. 1001 · Massachusetts Supreme Judicial Court · Feb 7, 1985

As long as actual rents adequately reflect earning capacity, the board’s use of actual rents is an acceptable method of valuation. See, e.g., Fox Ridge Assocs. v. … Co. v. Assessors of Gardner, 377 Mass. 351 (1979). See also Assessors of Quincy v. Boston Consol. Gas Co., 309 Mass. 60, 64 (1941).

Clarke v. Board of Collegiate Authority

327 Mass. 279 · Massachusetts Supreme Judicial Court · Apr 3, 1951

Newcomb v. Board of Aldermen of Holyoke, 271 Mass. 565, 567 , and cases cited. Scannell v. State Ballot Law Commission, 324 Mass. 494, 502-503 . … Boott Mills v. Board of Conciliation & Arbitration, 311 Mass. 223, 227 . Burns v. Thomas Cook & Sons, Inc. 317 Mass. 398, 402 .

McCabe v. Board of Assessors

402 Mass. 728 · Massachusetts Supreme Judicial Court · Jul 6, 1988

“A decision of the board will only be disturbed if it was not supported by ‘substantial evidence,’ or was tainted by an error of law. ” Tenneco Inc. v. … We note, however, that the board took a view of the subject property and of the comparable properties. Whether the other properties were “comparable” was within the board’s sound discretion. See Alstores Realty Corp. v.

Welch v. Contributory Retirement Appeal Board

343 Mass. 502 · Massachusetts Supreme Judicial Court · Jan 26, 1962

In Williams v. … Regan v. Commissioner of Ins., ante, 202, 205-206. Cf. also Davis v. School C o mm .

O'Connor v. Boston Retirement Board

304 Mass. 471 · Massachusetts Supreme Judicial Court · Nov 29, 1939

Inc. v. Commonwealth, 293 Mass. 174, 179-181 . … Sturtevant v. Robinson, 18 Pick. 175 , 179. Eaton v. Hall, 5 Met. 287 . Commonwealth v. Roark, 8 Cush. 210 , 212, 213. Dailey v. Coleman, 122 Mass. 64, 67 . Wig-more, Evidence (2d ed.) § 2107.

Osakwe v. Board of Bar Examiners

448 Mass. 85 · Massachusetts Supreme Judicial Court · Dec 22, 2006

Wei *89 Jia v. Board of Bar Examiners, 427 Mass. 777, 782 (1998) (Wei Jia), citing G. L. c. 221, § 37 (petition for examination for admission as attorney), and SJ.C. Rule 3:01. … See, e.g., Matter of Tocci, 413 Mass. 542, 546 (1992) (Tocci) (court has equitable power to waive requirements for admission); Novak v. Board of Bar Examiners, 397 Mass. 270, 274 (1986) (Novak) (waiving S.J.C.

LaPointe v. License Board of Worcester

389 Mass. 454 · Massachusetts Supreme Judicial Court · Jun 14, 1983

LaPointe also argues that the decision of the board rested on inadmissible hearsay. The mere admission of hearsay before an administrative board is not a denial of procedural due process. See Moran v. … It is enough that the board exercise its discretion fairly and not act in an arbitrary and capricious manner. Id. Cf. Arnett v.

Shawmut Mills v. Board of Assessors

271 Mass. 358 · Massachusetts Supreme Judicial Court · May 27, 1930

Dalton v. Hinsdale, 6 Mass. 501 . Oakham v. Sutton, 13 Met. 192 , 197. Greene v. Taunton, 1 Greenl. 228. Gorham v. Calais, 4 Greenl. 475. … Taber Mill v. Board of Assessors of New Bedford, 261 Mass. 432 . Exceptions overruled.

Gorovitz v. Planning Board of Nantucket

394 Mass. 246 · Massachusetts Supreme Judicial Court · Mar 12, 1985

See Brown & Brown, Disqualification of the Testifying Advocate — a Firm Rule?, 57 N.C. L. … See Borman v. Borman, supra at 787-788 . See also Serody v. Serody, 19 Mass. App.

Olson v. Zoning Board of Appeal

324 Mass. 57 · Massachusetts Supreme Judicial Court · Mar 8, 1949

See Sanborn v. Rice, 129 Mass. 387 ; Bagnall v. Davies, 140 Mass. 76 ; Payson v. Burnham, 141 Mass. 547 ; Loud v. Pendergast, 206 Mass. 122 . The decision in H. W. Robinson Carpet Co. v. … See Lambert v. Board of Appeals of Lowell, 295 Mass. 224, 228 . As so modified the decree is affirmed with costs. So ordered.

Baruffaldi v. Contributory Retirement Appeal Board

337 Mass. 495 · Massachusetts Supreme Judicial Court · May 7, 1958

In Hough v. Contributory Retirement Appeal Board, 309 Mass. 534 , a town clerk sought retirement under G. L. c. 32, § 31, as appearing in St. 1936, c. 318, § 1, by reason of total and permanent incapacity. … Milk Control Board v. Gosselin’s Dairy, Inc. 301 Mass. 174, 179-180 . Charles I. Hosmer, Inc. v. Commonwealth, 302 Mass. 495, 501 . Flynn v. Board of Registration in Optometry, 320 Mass. 29, 31-32 .

Cross v. Planning Board of Chelmsford

345 Mass. 618 · Massachusetts Supreme Judicial Court · Mar 28, 1963

These propositions were succinctly discussed in Smith v. Board of Appeals of Fall River, 319 Mass. 341, 344 . … See O’Connell v. Board of Appeals of Brockton, 344 Mass. 208, 212 .