Case law

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.

Marceau v. Bd. of Appeal On Motor Vehicle Liab. Policies

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

Andrew v. Zoning Bd. of Appeals of Bos.

92 Mass. App. Ct. 1117 · Massachusetts Appeals Court · Dec 7, 2017

Harris v. Sannella , 400 Mass. 392 , 395 (1987) (motion for relief from judgment "may not be used as a substitute for a timely appeal"), quoting from Nemaizer v. Baker , 793 F.2d 58 , 61 (2d Cir. 1986). … Scannell v. Ed. Ferreirinha & Irmao, Lda ., 401 Mass. 155 , 158 (1987). We review an order denying a rule 60(b)(1) motion for an abuse of discretion. See Tai v. Boston , 45 Mass. App.

COMMONWEALTH v. RICHARD M. CORBETT.

101 Mass. App. Ct. 355 · Massachusetts Appeals Court · Jul 8, 2022

Brown's testimony. … Brown's testimony, and the judge issued a ruling excluding it. The defendant also renewed his motion at trial, and made an offer of proof of Dr. Brown's report.

Rogel v. Collinson

54 Mass. App. Ct. 304 · Massachusetts Appeals Court · Mar 25, 2002

See Brown v. Metropolitan Transit Authy., 345 Mass. 636, 638-639 (1963) (party’s prior testimony at auditor’s hearing admissible at trial but not binding). See also Tritsch v. … See, e.g., Cox v. Board of Appeals of Carver, 42 Mass. App. Ct. 422, 424-425 (1997).

Commonwealth v. Gutierrez

26 Mass. App. Ct. 42 · Massachusetts Appeals Court · May 16, 1988

Brown, J. … Commonwealth v. Jones, 375 Mass. 349, 354 (1978). Commonwealth v. Moon, 380 Mass. 751, 755-756 (1980). See also Commonwealth v. Bottari, 395 Mass. 777, 780 (1985).

O'Donovan v. City of Somerville

41 Mass. App. Ct. 917 · Massachusetts Appeals Court · Sep 23, 1996

Eyssi v. … Brown for the defendant. Barbara A.H. Smith for the plaintiff. Further, we see nothing in the circumstances of this case which would permit the award of counsel fees as costs under G. L. c. 231A, § 7. See Chartrand v.

Haskell v. Versyss Liquidating Trust

75 Mass. App. Ct. 120 · Massachusetts Appeals Court · Aug 28, 2009

Haskell agreed, and he was elected to the board of directors on April 22, 1993. On May 11, 1993, the board elected him as president and CEO. … In the fall of 1994, Harte rejected a proposed investment by Alex Brown & Sons, Inc.

City Council of Boston v. Department of Public Utilities

7 Mass. App. Ct. 379 · Massachusetts Appeals Court · Apr 13, 1979

Brown, J. … See also Arlington v. Board of Conciliation and Arbitration, 370 Mass. 769, 773 (1976).

NEEDHAM ENTERPRISES, LLC v. NEEDHAM PLANNING BOARD & Others.

Massachusetts Appeals Court · Sep 20, 2024

Beacon Residential Mgt., LP v. R.P., 477 Mass. 749, 753 (2017). … Attorney Gen. v. Brockton Agric. Soc'y, 390 Mass. 431, 434 (1983).

Commonwealth v. Bonds

63 Mass. App. Ct. 163 · Massachusetts Appeals Court · Mar 11, 2005

Brown, J. After a jury trial in the Superior Court, the defendant was convicted of rape. … See Commonwealth v. Lodge, 431 Mass. 461, 470 (2000).

Vittands v. Sudduth

49 Mass. App. Ct. 401 · Massachusetts Appeals Court · Jun 15, 2000

Corp. v. … Richey v. American Auto. Assn., 380 Mass. 835, 839 (1980). Moreover, “[t]here is an issue for the jury if reasonable people could differ on whether the conduct is ‘extreme and outrageous.’ ” Brown v.

Treat v. Commissioner of Revenue

52 Mass. App. Ct. 208 · Massachusetts Appeals Court · Aug 2, 2001

Brown, J. The taxpayer appeals from a decision of the Appellate Tax Board (board) refusing to abate personal income taxes assessed against her for the 1993 tax year. … See Hahn v. Commissioner, 110 T.C. at 143-44 . See also Gallenstein v.

Town of Falmouth v. Zoning Bd. of Appeals of Falmouth

113 N.E.3d 933 · Massachusetts Appeals Court · Nov 6, 2018

United States v. Yonkers Bd. of Educ ., 902 F.2d 213 , 218 (2d Cir. 1990). The town sought judicial review of the board's decision and presented all colorable contentions, but lost. … See Board of Selectmen of Stockbridge v. Monument Inn, Inc ., 8 Mass. App. Ct. 158 , 162 (1979) (no error denying intervention when proposed interveners failed to submit pleading).

Walsh v. Zoning Bd. of Appeals of Scituate

94 Mass. App. Ct. 1120 · Massachusetts Appeals Court · Feb 5, 2019

While the Superior Court action was pending, the Supreme Judicial Court decided Doherty v. … On remand, the board "reviewed the Special Permit in light of the § 470.9 'subject to flooding' definition established by the SJC in Doherty v. Planning Bd. of Scituate , 467 Mass. 560 , 569-570 (2014).

McIntyre v. Zoning Bd. of Appeals of Braintree

113 N.E.3d 840 · Massachusetts Appeals Court · Oct 10, 2018

Ct. 479 , 482-483, 790 N.E.2d 1098 (2003) ; O'Kane v. Board of Appeals of Hingham , 20 Mass. App. Ct. 162 , 478 N.E.2d 962 (1985). … See Pasqualino v. Board of Appeals of Wareham , 14 Mass. App.

Matthews

27 Mass. App. Ct. 12 · Massachusetts Appeals Court · Feb 17, 1989

Brown, J. The claimant (widow of the employee) has appealed from the reviewing board’s decision affirming the single member’s decision, which had rejected the applicability of G. … This court went on to say: “Because there is nothing pending before the board . . . and because resolution of the question requires no expertise peculiar to the board . . . , we decide the appeal.”

92 Montvale, LLC v. Zoning Bd. of Appeals of Stoneham

93 Mass. App. Ct. 1104 · Massachusetts Appeals Court · Mar 30, 2018

Ct. 539 , 543-544 (2014), but we remain "highly deferential" to a board's interpretation of its own ordinances. Grady v. Zoning Bd. of Appeals of Peabody , 465 Mass. 725 , 729 (2013) (quotation omitted). 1. … The board was entitled to reject Montvale's proposed alternate definitions of "flashing." See Davis v. Zoning Bd. of Chatham , 52 Mass. App. Ct. 349 , 356 n.11 (2001), quoting from Conservation Commn. of Falmouth v.

Kurker v. Hell

44 Mass. App. Ct. 184 · Massachusetts Appeals Court · Jan 22, 1998

At the first meeting, Washak was removed from the board of directors, and the sisters were elected to the board. … Corp. v. Kinmont Indus., Inc., 955 F.2d 94, 98 (1st Cir. 1992); Payton v. Abbott Labs., 512 F. Supp. 1031, 1034-1035 (D. Mass. 1981); Norman v. Brown, Todd & Heyburn, 693 F. Supp. 1259, 1264 (D. Mass. 1988).

Fitch v. Bd. of Appeals of Concord

94 Mass. App. Ct. 1120 · Massachusetts Appeals Court · Feb 1, 2019

Section 1.3.12, which does not differentiate floor area based on use but merely ceiling height, reasonably supports the board's interpretation. Canton v. … Accordingly, even if another interpretation is equally availing, where the board's interpretation finds reasonable support in the bylaws, we owe it deference. Cf. Falmouth v. Civil Serv.