Case law

Moran v. Town of Mashpee

17 Mass. App. Ct. 679 · Massachusetts Appeals Court · Apr 3, 1984

Brown, J. This is an appeal from a summary judgment entered in the Superior Court dismissing the plaintiff’s action for failure to comply with the presentment requirement of the Massachusetts Tort Claims Act. G. … Compare Lewis v. Emerson, 391 Mass. 517, 520 (1984).

National Grid Holdings, Inc. v. Commissioner of Revenue

89 Mass. App. Ct. 506 · Massachusetts Appeals Court · Jun 8, 2016

Appeal from a decision of the Appellate Tax Board. John S. Brown (Donald-Bruce Abrams with him) for the taxpayers. Brett M. Goldberg for Commissioner of Revenue. CYPHER, J. … We therefore concur with the board's finding. See Browning-Ferris Indus., Inc. v. Casella Waste Mgmt. of Mass., Inc., 79 Mass. App. Ct. 300, 307 (2009).

Zoning Board of Appeals of Hanover v. Housing Appeals Committee

90 Mass. App. Ct. 111 · Massachusetts Appeals Court · Aug 29, 2016

of Appeals of Woburn v. … Board of Appeals of Hanover v. Housing Appeals Comm., 363 Mass. 339, 354 (1973).

DeGrace v. Conservation Commission of Harwich

31 Mass. App. Ct. 132 · Massachusetts Appeals Court · Jul 29, 1991

Boston v. Board of Educ., 392 Mass. 788 , 792 (1984) (allegedly inconsistent statutes are construed to give reasonable effect to both and to create a consistent body of law). 2. The septic system. … See note 5, supra. 8 From a decision by the board of health, “the applicant pursues those usual remedies to one aggrieved by a decision of a local authority.” Hamilton v. Conservation Commn. of Orleans, 12 Mass. App.

General Chemical Corp. v. Department of Environmental Quality Engineering

19 Mass. App. Ct. 287 · Massachusetts Appeals Court · Jan 31, 1985

Chrysler Corp. v. Brown, 441 U.S. 281, 317-318 (1979). See also Dodge v. Prudential Ins. Co. of America, 343 Mass. 375, 381 (1961). … Brown, 441 U.S. 281 (1979), on remand, 611 F.2d 439 (3d Cir. 1979). Metropolitan Life Ins. Co. v. Usery, 426 F. Supp. 150, 172 (D.D.C. 1976). Westinghouse Elec. Corp. v. Brown, 443 F.

Purvis v. Commissioner of Correction

29 Mass. App. Ct. 190 · Massachusetts Appeals Court · Aug 28, 1990

Brown, J. We are once again presented with a challenge by a prisoner to the process by which he was transferred to a higher custody status. … Harlow v. Fitzgerald, 457 U.S. 800 , 818 & n.30 (1982). Duarte v. Healy, 405 Mass. 43, 47 (1989). The test is the “objective reasonableness” of the officials’ conduct. Harlow v. Fitzgerald, supra. See also Duarte v.

Dowd v. Iantosca

27 Mass. App. Ct. 325 · Massachusetts Appeals Court · May 16, 1989

As stated in H & M Associates v. El Centro, 109 Cal. App. 3d 399, 409 (1980), cited in Doliner v. Brown, 21 Mass. App. … See and compare Doliner v. Brown, 21 Mass. App.

O'Connor v. Bd. of Appeal of Bos.

95 Mass. App. Ct. 1118 · Massachusetts Appeals Court · Jun 25, 2019

Jenkins v. Town of Pepperell

18 Mass. App. Ct. 265 · Massachusetts Appeals Court · Jun 14, 1984

See Parmenter v. Board of Appeals of Grafton, 360 Mass. 852 (1971). … See Beechwood Acres, Inc. v. Hamilton, 350 Mass. 655, 658-659 (1966). See also Maki v. Yarmouth, 340 Mass. 207, 211 (1960); Farrugia v. Board of Appeals of Marshfield, 14 Mass. App. Ct. 720, 721-722 (1982); Fogelman v.

Browning-Ferris Industries, Inc. v. Town of Swansea

41 Mass. App. Ct. 383 · Massachusetts Appeals Court · Sep 26, 1996

Brown, J. … The plaintiff, Browning-Ferris Industries, Inc. (BFI), is in the business of waste hauling and disposal.

Libman v. Zuckerman

33 Mass. App. Ct. 341 · Massachusetts Appeals Court · Sep 28, 1992

Shelburne Shirt Co. v. Singer, 322 Mass. 262, 265 (1948). Miller v. Winshall, 9 Mass. App. Ct. at 313-314. … Milpo, Inc., 402 Mass. 397, 401-402 (1988); Glickman v. Brown, 21 Mass. App. Ct. 229, 237 (1985). For explication of the proposition that the right of action is not exclusive to the unit owners association, see Cigal v.

Belezos v. Bd. of Selectmen of Hingham

92 Mass. App. Ct. 1114 · Massachusetts Appeals Court · Nov 14, 2017

Belezos filed suit against the board of selectmen (board) of the town of Hingham (town) alleging he was unlawfully cited and fined for speeding, a civil motor vehicle infraction. … Constr . v. Cranney , 436 Mass. 638 , 639 (2002) (appellate court may affirm judgment for reasons that differ from those given by motion judge). Judgment affirmed .

Graci v. Massachusetts Gas & Electric Light Supply Co.

7 Mass. App. Ct. 221 · Massachusetts Appeals Court · Mar 19, 1979

Brown, J. … On the day of the incident (and prior thereto) the building had been vacant, and the second floor windows above where the plaintiffs stood had been broken and boarded up for quite some time. Contrast Farolato v.

Pena's Case

5 Mass. App. Ct. 451 · Massachusetts Appeals Court · Jun 24, 1977

Brown, J. This is an appeal by Hartford Accident & Indemnity Co. (the insurer) from a judgment of the Superior Court awarding workmen’s compensation to the employee. … The board recommitted the case to the single member, who issued a second decision favorable to the employee. The reviewing board affirmed that decision arid ordered the insurers to pay the employee compensation.

Black Rock Golf Club, LLC v. Board of Assessors of Hingham

81 Mass. App. Ct. 408 · Massachusetts Appeals Court · Mar 9, 2012

Buehler, 396 Mass. 520, 524 (1986), quoting from New Boston Garden Corp. v. Assessors of Boston, 383 Mass. 456, 466 (1981). The board’s expertise is entitled to “some deference.” McCarthy v. … Although the law permits the board to choose between reasonable alternative valuation methods, Pepsi-Cola Bottling Co. v.

Chartier's Case

19 Mass. App. Ct. 7 · Massachusetts Appeals Court · Nov 23, 1984

Brown, J. This case involves interpretation of the following language in G. L. c. 152, § 1(1), as appearing in St. 1943, c. 529, § 1. … Moynihan v. Arlington, 6 Mass. App. Ct. 960, 961 (1978).

Bd. of Selectmen of W. Bridgewater v. Attorney Gen.

93 Mass. App. Ct. 1109 · Massachusetts Appeals Court · May 4, 2018

Durbin v. Board of Selectmen of Kingston , 62 Mass. App. Ct. 1 , 5 (2004). … Boelter v. Board of Selectmen of Wayland , supra at 241.

Chief Justice for Administration & Management of the Trial Court v. Commonwealth Employment Relations Board

79 Mass. App. Ct. 374 · Massachusetts Appeals Court · Apr 28, 2011

See Onex Communications Corp. v. Commissioner of Rev., 457 Mass. 419, 424 (2010). In this instance we must determine whether the board’s decision constitutes (1) an error of law within the meaning of G. … See generally Board of Educ. of the Woodstown-Pilesgrove Regional Sch. Dist. v. Woodstown-Pilesgrove Regional Educ. Assn., 81 N.J. 582, 588-591 (1980) (comprehensive discussion). 3. Authority of CJAM.

Board of Regents of Higher Education v. Labor Relations Commission

18 Mass. App. Ct. 371 · Massachusetts Appeals Court · Jul 18, 1984

Relying on Federal cases in the private sector, see e.g., Cooper Thermometer Co. v. NLRB, 376 F.2d 684, 688 (2d Cir. 1967); Fraser & Johnston Co. v. NLRB, 469 F.2d 1259, 1262-1263 (9th Cir. 1972); NLRB v. … Comm. v. Dennis Teachers Assn., 372 Mass. 116, 120 (1977); School Comm. of West Bridgewater v. West Bridgewater Teachers’ Assn., 372 Mass. 121, 122 (1977); Berkshire Hills Regional Sch. Dist. Comm. v.

Schank v. Hebert Machinery Co.

5 Mass. App. Ct. 220 · Massachusetts Appeals Court · Apr 11, 1977

Brown, J. The plaintiffs brought these actions under G. … Ga. 1971); Soar v. National Football League Players’ Assn. 65 F.R.D. 531, 537 (D.R.1. 1975); Muggill v. Reuben H. Donnelley Corp. 62 Cal. 2d 239, 241-242 (1965); Murphy v. R.J.