Case law

Nutt v. Zoning Bd. of Appeals of Marblehead

93 Mass. App. Ct. 1118 · Massachusetts Appeals Court · Jul 6, 2018

Wendy's Old Fashioned Hamburgers of N.Y., Inc . v. Board of Appeal of Billerica , 454 Mass. 374 , 382 (2009) ( Wendy's ), quoting from Roberts v. Southwestern Bell Mobile Sys., Inc ., 429 Mass. 478 , 487 (1999). … We also afford " 'substantial deference' to a board's interpretation of its zoning bylaws and ordinances." Wendy's , supra at 381 , quoting from Manning v. Boston Redev. Authy ., 400 Mass. 444 , 453 (1987). 1.

Commonwealth v. Cromwell

56 Mass. App. Ct. 436 · Massachusetts Appeals Court · Nov 14, 2002

See Commonwealth v. … She was not required on her own motion to give a contemporaneous limiting instruction to advise the jury not to decide the case on the basis of sympathy for Brown. Commonwealth v.

JOHN WHITTIER & Others v. PLANNING BOARD OF IPSWICH & Another.

Massachusetts Appeals Court · Oct 22, 2024

Wendy's Old Fashioned Hamburgers of N.Y., Inc. v. Board of Appeal of Billerica, 454 Mass. 374, 383 (2009). Determinations of law, however, are reviewed de novo. Doherty v. … They are not themselves a source of discretion,'" quoting McCaffrey v. Board of Appeals of Ipswich, 4 Mass. App. Ct. 109, 112 (1976).

Reilly v. Associated Press

59 Mass. App. Ct. 764 · Massachusetts Appeals Court · Oct 31, 2003

Brown v. Hearst Corp., 54 F.3d 21, 25 (1st Cir. 1995). See Merrill v. Post Publishing Co., 197 Mass. 185, 193 (1908). Existence of defamatory innuendo is a question of fact. … See Brown v. Hearst Corp., 54 F.3d at 25 , citing Mabardi v. Boston Herald-Traveler Corp., 347 Mass. at 413 . A jury should consider whether the innuendos were made and, if so, whether they were false.

Commonwealth v. Smith

58 Mass. App. Ct. 166 · Massachusetts Appeals Court · May 21, 2003

Following a separate trial, Brown was convicted on the perjury charge; the *168 conviction was later reversed by this court. Commonwealth v. Brown, 55 Mass. App. Ct. 440 (2002). … Stephens, 609 F.2d 230, 232-233 (5th Cir. 1980); Brown v. Artuz, 124 F.3d 73, 77 (2d Cir. 1997), cert. denied, 522 U.S. 1128 (1998); United States v. Reveles, 190 F.3d 678, 683 (5th Cir. 1999); United States v.

Bank of New England, N.A. v. Mortgage Corp. of New England

30 Mass. App. Ct. 238 · Massachusetts Appeals Court · Mar 14, 1991

BNE’s liens, as Brown had argued, had priority over any subsequently created liens. Bank of Boston v. Haufler, supra at 674 . … See, e.g., Brookline v. Goldstein, 388 Mass. 447 ; Hull Mun. Lighting Plant v. Massachusetts Mun. Wholesale Elec. Co., 399 Mass. at 648 ; Harris v. Commissioner of Correction, 409 Mass. 472, 474 (1991).

Police Commissioner v. Personnel Administrator of the Department of Personnel Administration

39 Mass. App. Ct. 360 · Massachusetts Appeals Court · Nov 6, 1995

Brown, J. On August 20, 1986, Medaline Figueroa (Figueroa) was terminated from her employment with the Boston police department (department) for unauthorized absences in violation of G. L. c. 31, §§ 37 & 38. … University Hosp., Inc., 359 Mass. 516, 521 (1971) (“[a] court may not displace an administrative board’s choice between two fairly conflicting views, even though the court would justifiably have made a different choice had

SUSANNAH KAY & Another v. TOWN OF CONCORD

Massachusetts Appeals Court · Mar 28, 2025

Browne, Eleanor Bemis, & Lansing Old, pro se, amici curiae, submitted a brief. WALSH, J. The plaintiffs, Susannah Kay and Brooks S. … with the select board members.

Apahouser Lock & Security Corp. v. Carvelli

26 Mass. App. Ct. 385 · Massachusetts Appeals Court · Sep 16, 1988

Taibbi, 400 Mass. 786 , 805 n.3 (1987) (Abrams, J., concurring); Attorney Gen. v. Brown, 400 Mass. 826, 832-833 (1987); Kaitz v. Foreign Motors, Inc., 25 Mass. App. … Board of Appeals of Hanover v. Housing Appeals Comm., 363 Mass. 339, 352-353 (1973). Trustees of Boston Univ. v. Assessors of Brookline, 11 Mass. App. Ct. 325 , 329 n.6 (1981).

McTernan v. LeTendre

4 Mass. App. Ct. 502 · Massachusetts Appeals Court · Jul 30, 1976

Browning, 130 Mass. 173, 175 [1881]), subsequent cases appear to have taken the majority view, that an acceptance is effective upon posting. Brauer v. Shaw, 168 Mass. 198, 200 (1897). Commonwealth Mut. Fire Ins. Co. v. … Compare Costello v. Board of Appeals of Lexington, 3 Mass. App.

Commonwealth v. Ramos

66 Mass. App. Ct. 548 · Massachusetts Appeals Court · Jun 16, 2006

Citing to Anderson v. … Commonwealth v. Peloquin, 437 Mass. 204 , 210 n.5 (2002). See Commonwealth v.

Vigorito v. City of Chelsea

95 Mass. App. Ct. 272 · Massachusetts Appeals Court · May 9, 2019

Brown (Andrew G. Fanno also present) for the defendant. AGNES, J. … L.L. v.

Zelesky v. Commissioner of the Division of Public Employee Retirement Administration

30 Mass. App. Ct. 106 · Massachusetts Appeals Court · Feb 8, 1991

Brown, J. The plaintiff seeks, pursuant to G. … The question whether the plaintiff was required to appeal the decision of PERA to the Contributory Retirement Appeal Board (CRAB) before seeking judicial relief needs no extended discussion.

Int'l Underwater Contr. v. New Eng. Tel. & Tel.

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

Present: KEVILLE, BROWN, & PERRETTA, JJ. Francis V. Matera ( Richard W. Schwartzman with him) for the plaintiff. Roscoe Trimmier, Jr., ( John M. Harrington, Jr., with him) for the defendant. BROWN, J. … Grimshaw Co. v. Nevil C.

Commonwealth v. Reid

22 Mass. App. Ct. 730 · Massachusetts Appeals Court · Oct 1, 1986

See Commonwealth v. Redmond, 370 Mass. 591, 597 (1976); Commonwealth v. Young, ante 452, 458 (1986) (Brown, J., concurring). … See Commonwealth v. Repoza, 382 Mass. 119 , 135 n.8 (1980); Commonwealth v. Wooldridge, 19 Mass. App. Ct. 162, 163 , and at 173 (Brown, J. concurring) (1985).

Crown Electric Supply Co. v. State Office of Minority & Women Business Assistance Appeal Board

51 Mass. App. Ct. 753 · Massachusetts Appeals Court · Jun 4, 2001

Assn. v. … Accordingly, the judgment of the Superior Court is vacated, and a new judgment is to be entered affirming the May 8, 1997, decision of the SOMWBA Appeal Board. So ordered. We note that Sturdy v.

TOWN OF CONCORD v. NEIL E. RASMUSSEN & Others.

Massachusetts Appeals Court · Oct 21, 2024

Two years after the layout, the town paid John Brown, an abutter, for building stone walls on "the new Road in the north part of the Town" -- which would not have been necessary had Brown not donated his land for the road … See Flagg v. Flagg, 16 Gray 175 , 180 (1860); Moncy v. Planning Bd. of Scituate, 50 Mass. App. Ct. 715, 720 (2001). See also Denham v.

Commonwealth v. Nugent

61 Mass. App. Ct. 65 · Massachusetts Appeals Court · Apr 30, 2004

See Graham v. McGrail, 370 Mass. 133, 138-139 (1976). … See Quinn v.

REBECCA M. BROWN & Others v. JOHN J. DONOVAN, SR., & Another.

Massachusetts Appeals Court · Mar 8, 2024

BROWN & others1 vs. JOHN J. … Dist. v. J. Farmer & Co., 407 Mass. 1006, 1007 (1990).

Commonwealth v. Porter P.

73 Mass. App. Ct. 85 · Massachusetts Appeals Court · Oct 31, 2008

Commonwealth v. Montanez, 410 Mass. 290, 301 (1991). Commonwealth v. … See Commonwealth v.