Case law

Milton v. Commissioner of Correction

67 Mass. App. Ct. 253 · Massachusetts Appeals Court · Aug 31, 2006

The commissioner’s reliance on Brown v. Commissioner of Correction, supra, to support affirmance of the judge’s ruling, is also misplaced. … As we said in DuPont v. Commission of Correction, supra at 910, “The Lynch case concerned a prisoner whose parole had been unconstitutionally revoked by the Parole Board. . .- .

John Doe, Sex Offender Registry Board No. 526500 v. Sex Offender Registry Board.

Massachusetts Appeals Court · Sep 28, 2023

SEX OFFENDER REGISTRY BOARD. … No. 89230 v. Sex Offender Registry Bd., 452 Mass. 764, 775 (2008).

Franclemont v. Commissioner of Department of Employment & Training

42 Mass. App. Ct. 267 · Massachusetts Appeals Court · Feb 28, 1997

See Brown Shoe Co. v. United States, 370 U.S. 294, 325, 336-337 (1962) (emphasizing the importance of commercial realities and reasonable interchangeability of product use in determining the existence of competition). … See Brown Shoe Co., supra.

Venanzi v. Bd. of Assessors of Auburn

92 Mass. App. Ct. 1113 · Massachusetts Appeals Court · Nov 3, 2017

Venanzi appeals from a single member summary decision by the Appellate Tax Board (board) in favor of the Auburn board of assessors (assessors). … See Mass.R.A.P. 18(a), as amended, 425 Mass. 1602 (1997); Cameron v. Carelli , 39 Mass. App. Ct. 81 , 83-84 (1995). We cannot discern from the record before us what arguments or evidence were placed before the board.

Kotler v. Spaulding

24 Mass. App. Ct. 515 · Massachusetts Appeals Court · Jul 22, 1987

Brown, J. The father appeals from a judgment of a Probate Court (entered April 1, 1986) on a complaint for contempt *516 brought by the mother. … Board of Appeal on Motor Vehicle Liability Policies & Bonds, 382 Mass. 580, 586 (1981) (limitations of principle of implied repeal); Murray v. Board of Appeals of Barnstable, 22 Mass. App. Ct. 473, 479 (1986).

Neurath v. Bd. of Appeals of Lexington

92 Mass. App. Ct. 1105 · Massachusetts Appeals Court · Sep 18, 2017

We review the dismissal of the plaintiff's complaint de novo. 311 West Broadway LLC v. Board of Appeal of Boston , 90 Mass. App. Ct. 68 , 73 (2016). "Under the Zoning Act, G. … L. c. 40A, only a 'person aggrieved' has standing to challenge a decision of a zoning board of appeals." 81 Spooner Rd., LLC v. Zoning Bd. of Appeals of Brookline , 461 Mass. 692 , 700 (2012).

Chase v. Commonwealth Emp't Relations Bd.

92 Mass. App. Ct. 1105 · Massachusetts Appeals Court · Sep 25, 2017

See Labor Relations Commn . v. Everett , 7 Mass. App. Ct. 826 , 829-830 (1979). See also Brookfield v. … The board also ruled that the union did not breach its duty of fair representation with respect to the union's actions prior to November 30, 2006. The plaintiff appealed to this court. See Chase v.

CRAIG HARRISON & another v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY.

101 Mass. App. Ct. 659 · Massachusetts Appeals Court · Sep 13, 2022

See Brown v. Office of the Comm'r of Probation, 475 Mass. 675, 677 (2016). See generally Donahue v. Trial Court, 99 Mass. App. Ct. 180 , 182 (2021). 2. Establishment of the MBTA. … Ware v.

Rothstein v. Contributory Ret. Appeal Bd.

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

Corp . v. Conservation Commn. of N. Andover , 36 Mass. App. Ct. 124 , 128 (1994), quoting from Cotter v. Chelsea , 329 Mass. 314 , 319 (1952). … See Milligan v. Board of Registration in Pharmacy , 348 Mass. 491 , 500 (1965) ("[T]he broad, remedial purpose of [G. L. c. 30A is] to provide comprehensively for procedural due process in administrative proceedings").

Kneer v. Zoning Bd. of Appeals of Norfolk

93 Mass. App. Ct. 548 · Massachusetts Appeals Court · Jul 11, 2018

Preston v. Board of Appeals of Hull , 51 Mass. App. Ct. 236 , 238, 744 N.E.2d 1126 (2001), quoting from Seltzer v. Board of Appeals of Orleans , 24 Mass. App. Ct. 521 , 522, 510 N.E.2d 309 (1987). … See, e.g., Renaud v. Commonwealth , 471 Mass. 315 , 319 n.6, 28 N.E.3d 478 (2015) ; Commonwealth v. Brown , 479 Mass. 600 , 607, 97 N.E.3d 349 (2018).

School Committee of Burlington v. Burlington Educators Ass'n

7 Mass. App. Ct. 41 · Massachusetts Appeals Court · Feb 14, 1979

See and compare Board of Educ. of Community *48 High Sch. Dist. No. 218 v. Falk, 8 Ill. App. 3d 696, 699 (1972); Board of Educ. of Marshallton-McKean Sch. Dist. v. Sinclair, 373 A.2d 572, 574-575 (Del. 1977). … Compare School Comm. of Southbridge v. Brown, 375 Mass. 502, 506 (1978). If the court determines that there is no such controversy, the present judgment is to stand. Costs of appeal are not to be awarded to any party.

Alan Scheinman v. Board of Assesors of Holyoke.

Massachusetts Appeals Court · Sep 22, 2025

Accordingly, those claims are waived. 2 board's determination." Raytheon Co. v. Commissioner of Revenue, 455 Mass. 334, 337 (2009). … Co. v. Assessors of Lynn, 393 Mass. 591, 600 (1984). There was no error for the board to conclude that Scheinman had not sustained his burden of proof.

ROBERT RODERIQUES v. PLANNING BOARD OF FAIRHAVEN & Another.

Massachusetts Appeals Court · Jul 8, 2025

Williams v. Board of Appeals of Norwell, 490 Mass. 684, 685 (2022). On May 28, 2019, the plaintiff filed a definitive plan proposing a sixteen-lot residential subdivision with the planning board. … Shannon v. Building Inspector of Woburn, 328 Mass. 633, 635 (1952). The plaintiff asserts that the planning board closed the hearing before the board of health expressed its disapproval of the plan.

Cunningham v. Ardrox, Inc.

40 Mass. App. Ct. 279 · Massachusetts Appeals Court · Apr 9, 1996

Brown, J. … See Fay v. Federal Natl. Mort. Assn., 419 Mass. 782, 789 (1995); Rosenfeld v. Board of Health of Chilmark, 27 Mass. App. Ct. 621 , 626 n.10 (1989). Judgment affirmed. The plaintiff!

Carey's Case

66 Mass. App. Ct. 749 · Massachusetts Appeals Court · Jul 18, 2006

Brown, J. Adam P. … See, e.g., Berdos v.

Bd. of Appeals of N. Andover v. HOUSING APPEALS

4 Mass. App. Ct. 676 · Massachusetts Appeals Court · Dec 9, 1976

(dissenting, with whom Brown, J. concurs). … See Board of Appeals of Maynard v. Housing Appeals Comm. 370 Mass. 64, 68-69 (1976).

Hicks's Case

62 Mass. App. Ct. 755 · Massachusetts Appeals Court · Jan 18, 2005

See, e.g., Smith v. Seamless Rubber Co., 111 Conn. 365 (1930) (factory worker); Smith v. Brown Paper Mill Co., 152 So. 700, 703-704 (La. Ct. App. 1934) (mill worker); Lampkin v. … See, e.g., Smith v. Seamless Rubber Co., 111 Conn. at 369-370 (injury not compensable where employer offered small pox vaccine as a public service to assist board of health in preventing epidemic); King v.

GARY MOODY v. MASSACHUSETTS PAROLE BOARD & Others.

Massachusetts Appeals Court · May 30, 2023

See Shuman v. The Stanley Works, 30 Mass. App. … Ct. at 312, quoting Burks v.

Conroy's Case

61 Mass. App. Ct. 268 · Massachusetts Appeals Court · Jun 7, 2004

The board unanimously affirmed the administrative judge’s decision, Conroy v. Norwood Hosp., 14 Mass. Workers’ Comp. … Ct. 424, 429-430 (2001); Brown v. Highland House Apts., 12 Mass. Workers’ Comp. Rep. 322, 324-325 & n.6 (1998). The parties were free to enter into a stipulation providing for an abbreviated contested time frame.

Koch v. Commissioner of Revenue

33 Mass. App. Ct. 707 · Massachusetts Appeals Court · Dec 18, 1992

Brown, Rudnick, Freed & Gesmer v. Assessors of Boston, 389 Mass. 298, 304-305 (1983), *713 quoting from Higgins v. Smith, 308 U.S. 473, 477 (1940). … Love v.