Case law

O'Connor v. Zoning Bd. of Appeals of Dennis

92 Mass. App. Ct. 1112 · Massachusetts Appeals Court · Nov 2, 2017

In Tsagronis v. Board of Appeals of Wareham , 33 Mass. App. Ct. 55 , 60-62 (1992), S . … Rourke v. Rothman , 448 Mass. at 195 .

Zoning Bd. of Appeals of Woburn v. Hous. Appeals Comm.

92 Mass. App. Ct. 1115 · Massachusetts Appeals Court · Nov 21, 2017

Board of Appeals of Woburn v. Housing Appeals Comm ., 66 Mass. App. Ct. 1109 (2006). … "The board's power to disapprove a comprehensive permit, like its power to impose conditions in issuing a comprehensive permit, Zoning Bd. of Appeals of Amesbury v.

City of Lynn v. Labor Relations Commission

43 Mass. App. Ct. 172 · Massachusetts Appeals Court · Jul 17, 1997

On this basis, the Lynn retirement board denied Curley’s application, but on May 31, 1988, the Contributory Retirement Appeal Board (CRAB) remanded to the medical panel and the Lynn board for reconsideration and clarification … Against the general, long-recognized principle that a discretionary power committed to a public officer by statute may not be delegated to another (see Brown v. Newburyport, 209 Mass. 259, 266 [1911]; Morris v.

Hadge v. Bd. of Registration of Real Estate Appraisers

93 Mass. App. Ct. 1119 · Massachusetts Appeals Court · Jul 16, 2018

Here, Hadge has the burden to establish the invalidity of the board's decision. See Gauthier v. Director of the Office of Medicaid , 80 Mass. App. Ct. 777 , 783 (2011). … We may only interfere with the board's exercise of its broad discretion on a showing of extraordinary circumstances. See Lawless v. Board of Registration in Pharmacy , 466 Mass. 1010 , 1012 (2013). 5. Discussion .

Board of Appeals v. Housing Appeals Committee in the Department of Community Affairs

3 Mass. App. Ct. 755 · Massachusetts Appeals Court · May 30, 1975

The board has appealed from a judgment of the Superior Court affirming a decision of the committee which ordered the board to issue (subject to certain conditions) a comprehensive permit for the construction of low and moderate … Board of Appeals of Hanover v. Housing Appeals Comm. in the Dept. of Community Affairs, 363 Mass. 339, 345-346, 362-363 (1973).

LAUREN WOODWARD v. BOARD OF REGISTRATION IN NURSING & Another.

Massachusetts Appeals Court · Dec 31, 2025

See generally Stetson v. … See also Garcia v.

M. H. Gordon & Son, Inc. v. Alcoholic Beverages Control Commission

14 Mass. App. Ct. 973 · Massachusetts Appeals Court · Aug 13, 1982

Co. v. United States Treasury Dept., 626 F.2d 997 , 1002 n.23 [D.C. … Brown, 317 U.S. 341 (1943), and more recently applied in California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc., 445 U.S. 97 (1980). See also Rice v. Norman Williams Co., 458 U.S. 654 (1982).

Quinlan v. Clasby

71 Mass. App. Ct. 97 · Massachusetts Appeals Court · Jan 25, 2008

Underwood v. Risman, 414 Mass. 96, 100 (1993). See Fernandes v. Rodrigue, 38 Mass. App. Ct. 926, 928 (1995). … Glickman v. Brown, 21 Mass. App. Ct. 229, 235 (1985). Here, the trial judge explicitly found that there was no intentional or knowing misstatement regarding the lawful use of *103 the property.

Denny v. Labor Relations Commission

16 Mass. App. Ct. 904 · Massachusetts Appeals Court · May 23, 1983

Dist. v. Labor Relations Commn., 386 Mass. 414, 417-419 (1982); Babcock v. Labor Relations Commn., 14 Mass. App. Ct. 650, 651 (1982). … Dist. v. Labor Relations Commn., supra at 419-421.

City of Taunton v. Taunton Branch of the Massachusetts Police Ass'n

10 Mass. App. Ct. 237 · Massachusetts Appeals Court · Jul 11, 1980

Brown, J. … On July 26, 1976, the Board of Conciliation and Arbitration (board) appointed a “fact finder” to resolve the impasse. G. L. c. 150E, § 9, inserted by St. 1973, c. 1078, § 2.

Interface Group v. Commissioner of Revenue

72 Mass. App. Ct. 32 · Massachusetts Appeals Court · Jun 13, 2008

While our review of board decisions is generally guided by deference, see M & T Charters, Inc. v. … See Leardi v. Brown, 394 Mass. 151 , 164 n.12 (1985). The total amount of corporate excise at issue for Interface is $762,501, plus interest, and a penalty fee of $10,936 for tax year 1995.

Commonwealth v. Manning

44 Mass. App. Ct. 695 · Massachusetts Appeals Court · May 6, 1998

See Brown v. … See Wong Sun v. United States, 371 U.S. at 487-488 ; Commonwealth v. *699 Fredette, supra at 461 n.4. In regard to the “but for” test, Mr. Justice Powell’s concurring opinion in Brown v.

National Lumber Co. v. Lombardi

64 Mass. App. Ct. 490 · Massachusetts Appeals Court · Sep 9, 2005

See Druzik v. Board of Health of Haverhill, 324 Mass. 129, 133 (1949) (statutes to be interpreted in accordance with general rules of grammatical construction); Rowley v. Massachusetts Elec. … Brown Paper Co. v. Department of Pub. Works, 330 Mass. 496, 501 (1953) (failure of the registry of deeds to comply with all of the recording requirements of G.

Albert E. Grady v. Board of Assessors of Brockton.

Massachusetts Appeals Court · Nov 7, 2024

Citrix Sys., Inc. v. Commissioner of Revenue, 484 Mass. 87, 91 (2020). … See Randolph Credit Union v. Board of Assessor of Randolph, 33 Mass. App.

VALERIANO DIVIACCHI v. BOARD OF APPEAL OF BOSTON & Others.

Massachusetts Appeals Court · Mar 10, 2025

The Boston zoning enabling act, St. 1956, c. 665, § 11, as amended through St. 1993, c. 461, § 2 (enabling act), confers standing on any person aggrieved by a decision of the board. Epstein v. … L. c. 40A, § 17, concerning appeals from decisions by municipal boards of appeal. Porter v. Board of Appeal of Boston, 99 Mass. App. Ct. 240, 241 (2021).

Epstein v. Executive Secretary

22 Mass. App. Ct. 135 · Massachusetts Appeals Court · Apr 23, 1986

Litton Business Syss., Inc. v. Commissioner of Rev., 383 Mass. 619, 622 (1981). The third Superior Court judge was empowered to reconsider the issue, although not bound to do so. See Peterson v. … Loring v. Commissioner of Pub. Works, 264 Mass. 460, 465, 468 (1928).

Commonwealth v. Noble

24 Mass. App. Ct. 421 · Massachusetts Appeals Court · Jul 2, 1987

Brown, J. The defendant appeals from his convictions by a jury of assault and battery on two police officers. … Board of Educ., 392 Mass. 788 , 797 n.8 (1984) (“[T]he better course is for the judge to deny motions in limine which seek exclusion of an area of potential evidence”).

Natick Auto Sales, Inc. v. Department of Procurement & General Services

47 Mass. App. Ct. 625 · Massachusetts Appeals Court · Aug 25, 1999

See, e.g., Helmes v. … Doliner v. Brown, 21 Mass. App. Ct. 692, 695 (1986). Schwanbeck v. Federal-Mogul Corp., 31 Mass. App.

Burdo v. Zoning Bd. of Appeals of Chelmsford

113 N.E.3d 934 · Massachusetts Appeals Court · Nov 15, 2018

Partnership v. Board of Appeals of Shirley , 461 Mass. 469 , 481 (2012), quoting M. … Seltzer v. Board of Appeals of Orleans , 24 Mass. App. Ct. 521 , 522 (1987).

Commonwealth v. Murphy

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

To the extent that Murphy is a codefendant with Brown in indictments that allege possessory offenses, he may assert an expectation of privacy in items seized from Brown. See Commonwealth v. … v.