Case law

Fandel v. Board of Zoning Adjustment

280 Mass. 195 · Massachusetts Supreme Judicial Court · Sep 12, 1932

Ayer v. Commissioners on Height of Buildings in Boston, 242 Mass. 30, 35 . St. James Building Corp. v. Commissioner of Public Safety, 260 Mass. 548, 551 . People v. Board of Appeals of New York City, 234 N. Y. 484 . … Farmington River Water Power Co. v. County Commissioners, 112 Mass. 206, 212 . Westport v. County Commissioners, 246 Mass. 556, 562 . Marinelli v. Board of Appeal of Boston, 275 Mass. 169 , and cases cited.

Doherty v. Retirement Board of Medford

425 Mass. 130 · Massachusetts Supreme Judicial Court · Jun 5, 1997

Embers of Salisbury, Inc. v. Alcoholic Beverages Control Comm’n, supra at 530. Issues of *142 credibility are left to the board to resolve, Friedman v. … See Herridge v. Board of Registration in Medicine, 420 Mass. 154, 167 (1995), S.C., 424 Mass. 201 (1997); Bettencourt v. Board of Registration in Medicine, 408 Mass. 221, 222 (1990). But see Herridge v.

Strigler v. Board of Bar Examiners

448 Mass. 1027 · Massachusetts Supreme Judicial Court · Apr 11, 2007

Candor with the board is essential. … Leis v. Flynt, 439 U.S. 438, 442 (1979). If Congress intended to deprive the States of this authority, it would have said so plainly. Similarly, we reject Strigler’s argument that G.

Bjorklund v. Zoning Board of Appeals

450 Mass. 357 · Massachusetts Supreme Judicial Court · Jan 7, 2008

This case, transferred here on our own motion, raises the issue unresolved in Bransford v. … The bracketed phrase “structure or” appearing in the second sentence quoted above was first supplied by Willard v. Board of Appeals of Orleans, 25 Mass. App. Ct. 15, 21 (1987), and later noted and applied in Rockwood v.

Nevins v. Board of Public Welfare

301 Mass. 502 · Massachusetts Supreme Judicial Court · Nov 29, 1938

It is supplementary to § 43 in accordance with which the board of public welfare removed the petitioner. … McLaughlin v. Mayor of Cambridge, 253 Mass. 193, 199 . Peckham v. Mayor of Fall River, 253 Mass. 590, 593 . Wallace v. Superintendent of Streets of New Bedford, 265 Mass. 338 . Whalen v.

Foresta v. Contributory Retirement Appeal Board

453 Mass. 669 · Massachusetts Supreme Judicial Court · Apr 24, 2009

See Houde v. … See Kelley v.

DiMasi v. State Board of Retirement

474 Mass. 194 · Massachusetts Supreme Judicial Court · Apr 21, 2016

Brown, 466 Mass. 676, 679 (2013) (criminal conviction not final under Massachusetts law until sentence is imposed on defendant); Commonwealth v. Dascalakis, 246 Mass. 12, 19 (1923). … See, e.g., Sliney v.

Bagley v. Contributory Retirement Appeal Board

397 Mass. 255 · Massachusetts Supreme Judicial Court · Apr 9, 1986

Bagley was a qualified member aggrieved by the local board’s failure to act. There was no decision of the board to be certified, thereafter to be susceptible to review by the District Court. Lowry v. … See Mathewson v. Contributory Retirement Appeal Bd., 335 Mass. 610, 616 (1957). Neither CRAB nor the board disputes the applicability of G. L. c. 32, § 16, to Bagley’s claim. Thus, their reliance on Welch v.

Gray v. Board of Aldermen

139 Mass. 328 · Massachusetts Supreme Judicial Court · May 13, 1885

It had been held in Bennett v. … The board undertook by its adjudication to provide for such a structure.

Maher v. Retirement Board of Quincy

452 Mass. 517 · Massachusetts Supreme Judicial Court · Nov 6, 2008

L. c. 32, § 15 (4), and that a board member did not err in refusing to re-cuse himself from the board proceedings. Maher v. Justices of the Quincy Div. of the Dist. Court Dep’t, 67 Mass. App. Ct. 612, 621 (2006). … That determination was made by the board in the first instance, upheld by the District Court and the Superior Court, and affirmed by the Appeals Court. Maher v. Justices of the Quincy Div. of the Dist.

Born v. Board of Assessors

427 Mass. 790 · Massachusetts Supreme Judicial Court · Jul 14, 1998

The Appellate Tax Board (board) agreed with the assessors’ conclusion and affirmed. Bom appealed, and we transferred the case to this court. … Born argues that the board’s reliance on Moscatiello v. Assessors of Boston, 36 Mass. App. Ct. 622 (1994), is misplaced, because the Moscatiello court relied exclusively on Kirby v.

Pitman & Brown Co. v. Eastern Massachusetts Street Railway

255 Mass. 292 · Massachusetts Supreme Judicial Court · Mar 29, 1926

The case is governed in principle by Salisbury v. … Jordan, 156 Mass. 573 , Farris v. Boston Elevated Railway, 210 Mass. 585 ; and is to be distinguished from cases like Pigeon v.

Jepson v. Zoning Board of Appeals

450 Mass. 81 · Massachusetts Supreme Judicial Court · Nov 20, 2007

See Watros v. Greater Lynn Mental Health & Retardation Ass’n, 421 Mass. 106, 110-111 (1995). See also Marotta v. Board of Appeals of Revere, 336 Mass. 199, 203-204 (1957). … The board could not waive compliance with State laws. See Board of Appeals of Hanover v. Housing Appeals Comm., 363 Mass. 339, 355 (1973) (G.

Nichols v. Board of Election Commissioners

196 Mass. 410 · Massachusetts Supreme Judicial Court · Oct 30, 1907

This is a petition for a writ of mandamus to compel the board of election commissioners of the city of Boston to provide the so called Australian ballot for use at the next election in Precinct 6 of Ward 10 of that city instead … Elwell v. Comstock, 99 Minn. 261 . Lynch v. Malley, 215 Ill. 574 . Detroit v. Inspectors of Elections, 139 Mich. 548 .

Palmer v. Board of Selectmen

368 Mass. 620 · Massachusetts Supreme Judicial Court · Sep 29, 1975

Morrison v. Selectmen of Weymouth, 279 Mass. 486, 492 (1932). Board of Appeals of Hanover v. Housing Appeals Comm. in the Dept. of Community Affairs, 363 Mass. 339, 364 (1973). See Commonwealth v. … Once the statute was accepted by the town it had a legal duty to pay the amounts due the plaintiff as certified by the board. See Brucato v.

Axelrod v. Board of Assessors

392 Mass. 460 · Massachusetts Supreme Judicial Court · Jul 12, 1984

Keniston v. Assessors of Boston, supra. … See Keniston v. Assessors of Boston, supra at 890 n.4.

Robinson v. Teachers' Retirement Board

414 Mass. 340 · Massachusetts Supreme Judicial Court · Feb 18, 1993

See Robinson v. Contributory Retirement Appeal Bd., 20 Mass. App. Ct. 634, 641 (1985). … The case which comes closest to supporting the plaintiffs position is Smolinski v.

Leary v. Contributory Retirement Appeal Board

421 Mass. 344 · Massachusetts Supreme Judicial Court · Nov 14, 1995

See Williams v. Contributory Retirement Appeal Bd., 304 Mass. 601, 605 (1939) (statute ought to be construed, whenever possible, as a whole). See also Negron v. Gordon, 373 Mass. 199, 201 (1977), quoting Holbrook v. … Fontaine v. Ebtec Corp., 415 Mass. 309, 321 (1993), quoting Hartford Ins. Co. v. Hertz Corp., 410 Mass. 279, 283 (1991). Accord Bagley v. Illyrian Gardens, Inc., 401 Mass. 822, 825 (1988).

Carey v. Planning Board of Revere

335 Mass. 746 · Massachusetts Supreme Judicial Court · May 2, 1957

There was reasonable notice also, from the fact that the members of the planning board were defendants, that the board was concerned in some way. This was insufficient notice to comply with the statute. … See Boston v. Acton, 167 Mass. 579 ; Higgins v. Boston Elevated Railway, 214 Mass. 335, 336 ; Bacon v. Paradise, 318 Mass. 649, 655 ; Commissioner of Corporations & Taxation v.

Rinaudo v. Zoning Board of Appeals

383 Mass. 885 · Massachusetts Supreme Judicial Court · Jun 2, 1981

The plaintiff appealed to the Superior Court the decision of the Plymouth zoning board of appeals (board) affirming the decision of the town building inspector refusing to extend or renew the plaintiffs building permits. … See Casasanta v. Zoning Bd. of Appeals of Milford, 377 Mass. 67, 69-70 (1979). Cf. Cullen v. Building Inspector of N.