Case law

Brown v. Town of Hanson

17 Mass. App. Ct. 932 · Massachusetts Appeals Court · Dec 1, 1983

Blackmer v. Hildreth, 181 Mass. 29, 31-32 (1902). Attorney Gen. v. Campbell, 191 Mass. 497, 501-502 (1906). See Swift v. Registrars of Voters of Milton, 281 Mass. 264, 268-269 (1932). See also Pevey v. … Aylward, 205 Mass. 102, 107 (1910); Ray v. Registrars of Voters of *933 Ashland, 221 Mass. 223, 227 (1915); Donahue v. Selectmen of Saugus, 343 Mass. 93, 95-96 (1961); Desjourdy v.

Plymouth County Retirement Board v. Contributory Retirement Appeal Board

60 Mass. App. Ct. 114 · Massachusetts Appeals Court · Dec 4, 2003

Sugrue v. Contributory Retirement Appeal Bd., 45 Mass. App. Ct. at 5 . … Hotchkiss v. State Racing Commn., 45 Mass. App. Ct. 684, 689 (1998).

Sweenie v. Planning Board

69 Mass. App. Ct. 477 · Massachusetts Appeals Court · Jun 29, 2007

See Green v. Board of Appeals of Provincetown, 404 Mass. 571, 574 (1989); Watros *481 v. Greater Lynn Mental Health & Retardation Assn., 421 Mass. 106, 108-109 (1995); Barvenik v. Board of Aldermen of Newton, 33 Mass. … See Marotta v. Board of Appeals of Revere, 336 Mass. at 204 (statutory notice confers the presumption of aggrievement); Watros v.

Doe, Sex Offender Registry Board No. 356011 v. Sex Offender Registry Board

88 Mass. App. Ct. 73 · Massachusetts Appeals Court · Aug 18, 2015

No. 89230 v. … No. 972 v.

Hamilton v. Planning Board

4 Mass. App. Ct. 802 · Massachusetts Appeals Court · Apr 27, 1976

Marlow v. New Bedford, 369 Mass. 501, 508 (1976). Compare Gladstone Bros. Inc. v. Board of Health of Salisbury, ante, 780 (1976). 2. … As Chase was neither a member of the board nor a party to the case, his testimony was not binding upon the board. Salvato v. DiSilva Transp. Co. Inc. 329 Mass. 305, 311 (1952), and cases cited.

Musto v. Planning Board

54 Mass. App. Ct. 831 · Massachusetts Appeals Court · May 24, 2002

Massachusetts Broken Stone Co. v. Planning Bd. of Weston, 45 Mass. App. Ct. 738, 742 (1998), quoting from Canter v. Planning Bd. of Westborough, 4 Mass. App. Ct. 306, 307 (1976). Board of health. … Ct. 517, 523 (1992) (case remanded for judicial determination whether board abused its discretion in denying waiver). Cf. MacGibbon v.

Calnan v. Planning Board

63 Mass. App. Ct. 384 · Massachusetts Appeals Court · May 4, 2005

See Lincoln v. Board of Appeals of Framingham, 346 Mass. 418, 420 (1963); McLaughlin v. Rockland Zoning Bd. of Appeals, 351 Mass. 678, 680 (1967); Pierce v. … In Carr v. Board of Appeals of Saugus, 361 Mass. 361, 362 (1972), quoting from McLaughlin v.

Salem & Beverly Water Supply Board v. Board of Assessors

63 Mass. App. Ct. 222 · Massachusetts Appeals Court · Apr 5, 2005

Boylston v. Commissioner of Rev., 434 Mass. 398, 405-406 (2001). … In this we agree with the Appellate Tax Board whose judgment, were there doubt, would be entitled to some respect. See French v. Assessors of Boston, 383 Mass. 481, 482 (1981).

JOHN DOE, SEX OFFENDER REGISTRY BOARD NO. 22188 v. SEX OFFENDER REGISTRY BOARD.

101 Mass. App. Ct. 797 · Massachusetts Appeals Court · Oct 4, 2022

SEX OFFENDER REGISTRY BOARD, 101 Mass. App. Ct. 797 JOHN DOE, SEX OFFENDER REGISTRY BOARD NO. 22188 vs. SEX OFFENDER REGISTRY BOARD. 101 Mass. App. … Sullivan v. Superintendent, Mass. Correctional Inst., Shirley, 101 Mass. App. Ct. 766, 773 (2022), quoting Rivas v. Chelsea Hous. Auth., 464 Mass. 329, 338 (2013). Accord Police Dep't of Boston v.

Muldoon v. Planning Board

72 Mass. App. Ct. 372 · Massachusetts Appeals Court · Aug 15, 2008

Co. of Am. v. Board of Appeals of Westwood, 23 Mass. App. … Co. of Am. v. Board of Appeals of Westwood, 23 Mass. App. Ct. at 281-282 , quoting from SCIT, Inc., v. Planning Bd. of Braintree, 19 Mass. App. Ct. 101 , 105 n.12, 106 (1984).

Everett Retirement Board v. Board of Assessors of Everett

19 Mass. App. Ct. 305 · Massachusetts Appeals Court · Feb 1, 1985

On this question the cases have spoken: a retirement board established under G. L. c. 32 is independent of the city or town whose employees it serves. Stone v. Treasurer of Malden, 309 Mass. 300, 302 (1941). O’Connor v. … Doherty v. Mayor of Everett, 13 Mass. App. Ct. 202, 206 (1982). A final word.

Murphy v. Planning Board

5 Mass. App. Ct. 393 · Massachusetts Appeals Court · Jun 8, 1977

as interpreted in Bigham by enlarging the power of a planning board to rescind plans beyond the power it held prior to the 1973 amendment. *396 In Hanscom v. … Furthermore, neither the fact that the period of the zoning freeze stopped running when the board voted to rescind (M. DeMatteo Constr. Co. v. Board of Appeals of Hingham, 3 Mass. App.

Doucette v. Massachusetts Parole Board

86 Mass. App. Ct. 531 · Massachusetts Appeals Court · Oct 29, 2014

See, e.g., Hoffer v. Board of Registration in Med., 461 Mass. 451, 458 n.9 (2012). Compare Rivas v. Chelsea Hous. … See Stefanik v. Board of Parole, 372 Mass. at 729.

Hutchinson v. Planning Board

23 Mass. App. Ct. 416 · Massachusetts Appeals Court · Jan 15, 1987

Citing Perry v. Planning Bd. of Nantucket, 15 Mass. App. Ct. 144 (1983), and Hrenchuk v. Planning Bd. of Walpole, 8 Mass. App. … In Hrenchuk v. Planning Bd. of Walpole, 8 Mass. App.

Wheatley v. Planning Board

10 Mass. App. Ct. 884 · Massachusetts Appeals Court · Sep 10, 1980

Compare McCarthy v. Daggett, 351 Mass. 337, 338-339 (1966). This court, of course, could have directed that the case be remanded to the planning board for further consideration of the already submitted plan. Smith v. … But instead the rescript stated that “[t]he judgment is reversed, and a new judgment is to enter annulling the board’s approval of the plan.” Wheatley, 7 Mass. App. Ct. at 451 . Contrast Pinecrest, Inc. v.

Rattner v. Planning Board

45 Mass. App. Ct. 8 · Massachusetts Appeals Court · May 28, 1998

There is no limitation in the language of § 81M that precludes a planning board from evaluating the adequacy of ways outside a proposed subdivision. North Landers Corp. v. … Moreover, a planning board is not required to set forth in writing the findings upon which it bases its determination that a waiver of compliance with its rules and regulations is appropriate. Wheatley v.

Cricones v. Planning Board

39 Mass. App. Ct. 264 · Massachusetts Appeals Court · Sep 22, 1995

“In acting under § 8 IP, a planning board’s judgment is confined to determining whether a plan shows a subdivision.” Smalley v. Planning Bd. of Harwich, 10 Mass. App. Ct. 599, 604 (1980). … Lee v. Board of Appeals of Harwich, 11 Mass. App. Ct. 148, 152 (1981). See Smalley v. Planning Bd. of Harwich, supra at 603-604; Shea v. Board of Appeals of Lexington, 35 Mass. App. Ct. 519, 522 (1993).

Arenstam v. Planning Board

29 Mass. App. Ct. 314 · Massachusetts Appeals Court · Oct 1, 1990

Green v. Board of Appeal of Norwood, 358 Mass. 253 , 257 n.4 (1970)(a case in which the issue before us was alluded to but not decided). … As to the relevance generally of zoning considerations to subdivision plan approval, see Canter v. Planning Bd. of Westborough, 4 Mass. App. Ct. 306 , 309 n.1 (1976).

Czyoski v. Planning Board

77 Mass. App. Ct. 151 · Massachusetts Appeals Court · Jun 29, 2010

See Kourouvacilis v. … See Krafchuk v.

Auburn v. Planning Board

12 Mass. App. Ct. 998 · Massachusetts Appeals Court · Dec 16, 1981

Dugout, Inc. v. Board of Appeals of Canton, 357 Mass. 25, 31 (1970). … Butler v. East Bridgewater, 330 Mass. 33, 37 (1953). Y.D. Dugout, Inc. v. Board of Appeals of Canton, supra at 30, and cases cited. 2.