Case law

Opinions from 1658 to today.

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  • Commonwealth v. Thurston

    53 Mass. App. Ct. 548 · Massachusetts Appeals Court · Jan 10, 2002

    See Commonwealth v. McGuinness , 421 Mass, at 472-473; Commonwealth v. Brown, 431 Mass. 772, 778 (2000). … Regs. § 200.04(2) (1997); Massachusetts Parole Board, A Guide to Parole in Massachusetts, at 14 (1987); Commonwealth v. Hayes, 372 Mass. 505, 508-511 (1977); Commonwealth v.

    Cited 26 timesPublished
  • 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.

    Cited 0 timesUnpublished
  • Global Investors Agent Corp. v. National Fire Insurance

    76 Mass. App. Ct. 812 · Massachusetts Appeals Court · May 28, 2010

    Burham v. … Darius v. Boston, supra at 280 . In fact, it was plaintiffs’ counsel who questioned Brown on redirect examination concerning the postsuit settlement offer.

    Cited 35 timesPublished
  • 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.

    Cited 2 timesPublished
  • MICHAEL SIBLEY v. CONTRIBUTORY RETIREMENT APPEAL BOARD & Another.

    Massachusetts Appeals Court · May 5, 2025

    Around this time, Sibley applied to the Franklin Regional Retirement Board (retirement board) for accidental disability retirement. … Blanchette v. Contributory Retirement Appeal Bd., 20 Mass. App.

    Cited 0 timesUnpublished
  • Yijiang Chen v. Board of Assessors of Acton.

    Massachusetts Appeals Court · Oct 10, 2025

    We are unable to assess the taxpayer's arguments because he has not provided us with a transcript of the hearing before the board. See Commonwealth v. … Without the transcript, and on the limited record before us, we are constrained to affirm the board's decision. See Tennessee Gas Pipeline Co. v.

    Cited 0 timesUnpublished
  • 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.

    Cited 0 timesUnpublished
  • Charles River Park, Inc. v. Boston Redevelopment Authority

    28 Mass. App. Ct. 795 · Massachusetts Appeals Court · Jul 10, 1990

    Brown, J. In this action for specific performance, Charles River Park, Inc. … The BRA has not asserted a contradictory position in this case to that taken in the DCA case (see Elfman v. Glaser, 313 Mass. 370, 376 [1943]; see also Brown v. Gerstein, 17 Mass. App.

    Cited 28 timesPublished
  • Hodge v. Klug

    33 Mass. App. Ct. 746 · Massachusetts Appeals Court · Dec 28, 1992

    Edinburg v. Massachusetts Mut. Life Ins. Co., 22 Mass. App. Ct. 923, 925-926 (1986), (Brown, J., concurring). The majority is too kind in its characterization of the conduct of the tenant’s counsel as “overweening.” … In these circumstances, the Board of Bar Overseers is obligated to review this matter.

    Cited 41 timesPublished
  • RYO Cigar Ass'n v. Boston Public Health Commission

    79 Mass. App. Ct. 822 · Massachusetts Appeals Court · Jul 26, 2011

    Hamel v. Board of Health of Edgartown, 40 Mass. App. Ct. 420, 423 (1996). … Hass, 342 Mass. 421, 422 (1961) (ban on piggeries); Moysenko v. Board of Health of N.

    Cited 2 timesPublished
  • International Underwater Contractors, Inc. v. New England Telephone & Telegraph Co.

    8 Mass. App. Ct. 340 · Massachusetts Appeals Court · Sep 12, 1979

    Brown, J. The plaintiff, International Underwater Contractors, Inc. (IUC), appeals from the entry of summary judgment for the defendant, New England Telephone and Telegraph Company (NET). … Grimshaw Co. v. Nevil C.

    Cited 53 timesPublished
  • Board of Directors of the Worcester Free Public Library v. Attorney General

    10 Mass. App. Ct. 833 · Massachusetts Appeals Court · Jul 14, 1980

    See Black v. Central Motor Lines, Inc., 500 F.2d 407, 408 (4th Cir. 1974); Nevilles v. Equal Employment Opportunity Commn., 511 F.2d 303, 305-306 (8th Cir. 1975); Chase Manhattan Bank v.

    Cited 0 timesPublished
  • Coady v. Zoning Bd. of Appeals of Wellfleet

    94 Mass. App. Ct. 1117 · Massachusetts Appeals Court · Jan 18, 2019

    Vazza Props., Inc . v. City Council of Woburn , 1 Mass. App. Ct. 308 , 311 (1973). A zoning board's decision that rests upon inadequate consideration of the relevant legal criteria must be vacated. 4 See Pierce v. … Warren v. Zoning Board of Appeals of Amherst , 383 Mass. 1 , 10 (1981), quoting Brackett v. Board of Appeal of the Bldg. Dep't of Boston , 311 Mass. 52 , 54 (1942).

    Cited 0 timesPublished
  • Goetzendanner v. Superintendent

    71 Mass. App. Ct. 533 · Massachusetts Appeals Court · Apr 10, 2008

    Commonwealth v. Hayes, 372 Mass. 505, 510 (1977). See Commonwealth v. Brown, 47 Mass. App. Ct. 616, 620 (1999), S.C., 431 Mass. 772 (2000). … The parole board is not a party to this action. In any case, although the intervening sentence was incorrectly executed, imposition of that sentence was a proper judicial function. Cf. Brach v.

    Cited 7 timesPublished
  • Marceau v. Bd. of Appeal On Motor Vehicle Liab. Policies

    95 Mass. App. Ct. 1111 · Massachusetts Appeals Court · Apr 30, 2019

    Cited 0 timesPublishedNo opinion text
  • Nicholas Mango v. Board of Assessors of Marblehead.

    Massachusetts Appeals Court · Nov 15, 2024

    v. Commissioner of Revenue, 454 Mass. 114, 118 (2009), quoting Boston Professional Hockey Ass'n v. Commissioner of Revenue, 443 Mass. 276, 285 (2005). … "[T]he board is entitled to 'presume that the valuation made by the assessors was valid unless the taxpayer[] sustained the burden of proving the contrary.'" General Elec. Co. v.

    Cited 0 timesUnpublished
  • Commonwealth v. Noffke

    5 Mass. App. Ct. 496 · Massachusetts Appeals Court · Jul 8, 1977

    Brown, J. The defendant was convicted in a District Court of criminal trespass under G. L. c. 266, § 120, as amended through St. 1974, c. 109. … The determination of the proper adjustments rests *505 with the Board.” Id. at 112 . Central Hardware Co. v. NLRB, 407 U. S. 539, 544 (1972).

    Cited 4 timesPublished
  • Stafford v. Planning Bd. of Falmouthand Another

    92 Mass. App. Ct. 1118 · Massachusetts Appeals Court · Dec 8, 2017

    See, e.g., Alley v. Building Inspector of Danvers , 354 Mass. 6 , 7-8 (1968) ; Palitz v. Zoning Bd. of Appeals of Tisbury , 470 Mass. 795 , 799 (2015) ; Nexum Dev. Corp. v. Planning Bd. of Framingham , 79 Mass. App. … Rather, the plaintiffs seek to challenge the board's approval of the definitive plan under the subdivision regulations. See Krafchuk v. Planning Bd. of Ipswich , 453 Mass. 517 , 529-530 (2009).

    Cited 0 timesPublished
  • Gionet v. Zoning Bd. of Appeals of Charlton

    92 Mass. App. Ct. 1117 · Massachusetts Appeals Court · Dec 6, 2017

    L. c. 40A, § 10, Mendes v. Board of Appeals of Barnstable , 28 Mass. App. … v.

    Cited 0 timesPublished
  • Dalton v. Div. of Ins. Bd. of Appeals

    93 Mass. App. Ct. 1103 · Massachusetts Appeals Court · Mar 21, 2018

    Dalton appealed this revocation to the board of appeals (board), which affirmed the revocation. 3 Dalton then sought judicial review of the board's decision in the Superior Court. … See Breslin v. Board of Appeal on Motor Vehicle Liab. Policies & Bonds , 70 Mass. App.

    Cited 0 timesPublished

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