Case law

Opinions from 1658 to today.

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  • SANFORD FEMAN & Another v. BOARD OF APPEALS OF CONCORD & Another.

    Massachusetts Appeals Court · May 28, 2026

    Allegaert v. Harbor View Hotel Owner LLC, 100 Mass. App. Ct. 483, 486 (2021), quoting 311 West Broadway LLC v. Board of Appeal of Boston, 90 Mass. App. Ct. 68, 73 (2016). … Id. at 325, quoting Carr v. Board of Appeals of Saugus, 361 Mass. 361, 363 (1972).

    Cited 0 timesUnpublished
  • National Ass'n of Government Employees, Local R1-162 v. Labor Relations Commission

    17 Mass. App. Ct. 542 · Massachusetts Appeals Court · Mar 2, 1984

    Brown, J. The plaintiff (union) filed a charge of a prohibited practice with the Labor Relations Commission (commission), alleging that the Weymouth school committee (committee) had violated G. … See Labor Relations Commn. v. Natick, 369 Mass. 431, 438 (1976).

    Cited 14 timesPublished
  • Commonwealth v. Zorrilla

    38 Mass. App. Ct. 77 · Massachusetts Appeals Court · Jan 27, 1995

    See Horneman v. Brown, 286 Mass. 65, 71 (1934); Massachusetts Bay Transp. Authy. v. Massachusetts Bay Transp. Authy. … See Commonwealth v.

    Cited 3 timesPublished
  • GUY MADDALONE & Another v. BOARD OF APPEALS OF NANTUCKET & Another.

    Massachusetts Appeals Court · Mar 9, 2026

    Partnership v. Board of Appeals of Shirley, 461 Mass. 469, 475 (2012). … Volin v. Board of Pub. Accountancy, 422 Mass. 175, 179 (1996).

    Cited 0 timesUnpublished
  • JOYCE MICHAELIDIS, Trustee v. BOARD OF APPEAL OF BOSTON & Another.

    Massachusetts Appeals Court · Sep 3, 2025

    Porter v. Board of Appeal of Boston, 99 Mass. App. Ct. 240, 243 (2021), quoting Curtis v. Herb Chambers I-95, Inc., 458 Mass. 674, 676 (2011). Where, as here, the defendants moved pursuant to Mass. R. Civ. … See Murchison v.

    Cited 0 timesUnpublished
  • O'MALLEY v. Putnam Safe Deposit Vaults, Inc.

    17 Mass. App. Ct. 332 · Massachusetts Appeals Court · Dec 30, 1983

    Brown, The Law of Personal Property 259 (2d ed. 1955). In Foster v. Essex Bank, 17 Mass. at 501, an ancient case, but one still having vitality, the court explained (in dictum) the duty of a bailee for hire. … Kemble Fischer Realty Trust v. Board of Appeals of Concord, 9 Mass. App. Ct. 477, 479-480 , cert. denied sub nom. Costello v.

    Cited 11 timesPublished
  • JOHN F. LINHARES & Others v. PLANNING BOARD OF DENNIS & Others.

    Massachusetts Appeals Court · May 22, 2026

    Ct. 355, 362 (2019), quoting Bateman v. Board of 8 Appeals of Georgetown, 56 Mass. App. Ct. 236, 242 (2002). … Board of Appeals of Duxbury, 347 Mass. 690, 692 (1964), quoting Prusik v. Board of Appeal of Boston, 262 Mass. 451, 458 (1928).

    Cited 0 timesUnpublished
  • Mahoney v. Mahoney

    5 Mass. App. Ct. 720 · Massachusetts Appeals Court · Dec 19, 1977

    modified a preliminary injunction so as to permit shares of the Park National Bank of Holyoke to be exchanged for shares of the Western Bank & Trust Company of West Springfield pursuant to a plan of exchange approved by the boards … These cases were initially heard by two panels composed of Hale, C.J., Keville, Armstrong, and Brown, JJ., and was thereafter submitted on the record and briefs to the other Justices, all of whom took part in this decision

    Cited 10 timesPublished
  • Jones v. Manns

    33 Mass. App. Ct. 485 · Massachusetts Appeals Court · Oct 30, 1992

    The reasons for this parallel precisely those set out in Walker v. Board of Appeals of Harwich, 388 Mass. 42, 48-50 (1983). … Hawkins v. Hawkins, 397 Mass. 401, 408 (1986). Brown v. Quinn, 406 Mass. 641, 644-645 (1990). Krupp v. Gulf Oil Corp., 29 Mass. App. Ct. 116, 119 (1990).

    Cited 24 timesPublished
  • Lazarek v. Bd. of Appeals of Manchester-By-The-Sea

    124 N.E.3d 161 · Massachusetts Appeals Court · Mar 29, 2019

    See Marinelli v. Board of Appeals of Stoughton , 440 Mass. 255 , 257-258 (2003). … See Barvenik v. Aldermen of Newton , 33 Mass. App. Ct. 129 , 132 (1992). Cf. McGee v. Board of Appeal of Boston , 62 Mass. App.

    Cited 0 timesPublished
  • Commonwealth v. Hogan

    17 Mass. App. Ct. 186 · Massachusetts Appeals Court · Dec 6, 1983

    Present: BROWN, PERRETTA, & SMITH, JJ. Daniel E. Callahan for the defendant. Dyanne Klein Polatin, Assistant District Attorney, for the Commonwealth. SMITH, J. … BROWN, J. (concurring in result).

    Cited 15 timesPublished
  • Arthur D. Little, Inc. v. East Cambridge Savings Bank

    35 Mass. App. Ct. 734 · Massachusetts Appeals Court · Jan 13, 1994

    Compare Lewis v. Emerson, 391 Mass. 517, 519-520 (1984) (separate document requirement met where “judgment” portion of findings and rulings was visually distinct); Brown v. Quinn, 27 Mass. App. … Tausevich v. Board of Appeals of Stoughton, 402 Mass. 146, 148 (1988). Cf. Olsen v. Olsen, 294 Mass. 507, 508 (1936).

    Cited 39 timesPublished
  • TIMOTHY BURKE, Trustee v. ZONING BOARD OF APPEALS OF DENNIS.

    Massachusetts Appeals Court · Aug 19, 2025

    See Leominster Materials Corp. v. Board of Appeals of Leominster, 42 Mass. App. Ct. 458, 461 (1997) ("court cannot read into the ordinance an unexpressed exception"). … See Warren v. Board of Appeals of Amherst, 383 Mass. 1, 9 (1981), citing Charter v.

    Cited 0 timesUnpublished
  • ANNE HALLET v. ZONING BOARD OF APPEALS OF BILLERICA & Others.

    Massachusetts Appeals Court · Dec 18, 2025

    See Barkan v. Zoning Bd. of Appeals of Truro, 95 Mass. App. Ct. 378, 384 (2019). "The first is by appealing from the issuance of the permit to the local board of appeals pursuant to G. L. c. 40A, § 8." … See Murray v. Board of Appeals of Barnstable, 22 3 Mass. App. Ct. 473, 476 (1986).

    Cited 0 timesUnpublished
  • Essex Regional Retirement Board v. Justices of the Salem Division of the District Court Dept.

    Massachusetts Appeals Court · Jul 12, 2017

    The board timely appealed. Discussion. … Commn. v. Bettencourt, 474 Mass. 60, 77 (2016). The board determined that "Swallow [is] entitled to a return of his accumulated total deductions, less any accrued interest."

    Cited 0 timesPublished
  • ELLEN MOYNIHAN v. CONTRIBUTORY RETIREMENT APPEAL BOARD & Another.

    Massachusetts Appeals Court · May 28, 2024

    She then appealed DALA's decision to the Contributory Retirement Appeal Board (CRAB), which also affirmed the MTRS ruling. … Lydon v. Contributory Retirement Appeal Bd., 101 Mass. App. Ct. 365, 366-367 (2022), quoting Murphy v. Contributory Retirement Appeal Bd., 463 Mass. 333, 344 (2012).

    Cited 0 timesUnpublished
  • Commonwealth v. Streeter

    50 Mass. App. Ct. 128 · Massachusetts Appeals Court · Sep 26, 2000

    See Commonwealth v. Brown, 23 Mass. App. Ct. 612, 615 (1987); Commonwealth v. Smith, 38 Mass. App. … See also Morrissey *132 v. Brewer, 408 U.S. 471, 488-489 (1972); Commonwealth v. Durling, 407 Mass. 108, 112-113 (1990); Commonwealth v. Faulkner, 418 Mass. 352, 360 (1994); Commonwealth v. Michaels, 39 Mass. App.

    Cited 7 timesPublished
  • Service v. Newburyport Housing Authority

    63 Mass. App. Ct. 278 · Massachusetts Appeals Court · Apr 15, 2005

    Brown, J. The plaintiff, Ruth Service, was an employee of the Newburyport Housing Authority (authority) for almost fifteen years. … As in Shea v.

    Cited 3 timesPublished
  • Commonwealth v. DeVasto

    7 Mass. App. Ct. 363 · Massachusetts Appeals Court · Apr 10, 1979

    Commonwealth v. Brown, 364 Mass. at 479 . State v. Roberts, 86 N.J. Super. 159, 166-167 (1965). See Woodards v. Cardwell, supra. … Brown , ” Commonwealth v. Curry, 368 Mass. at 201 .

    Cited 12 timesPublished
  • Commonwealth v. Rogers

    8 Mass. App. Ct. 469 · Massachusetts Appeals Court · Oct 19, 1979

    Commonwealth v. Madeiros, 255 Mass. 304, 313 [1926]. Commonwealth v. Hamel, 264 Mass. 564, 569 [1928]. Commonwealth v. Graham, 279 Mass. 466, 468 [1932]. Commonwealth v. Valcourt, 333 Mass. 706, 716 [1956]. … The witness’s conversation with Brown took place at least six hours after he had been assaulted. See Rocco v. Boston Leader, Inc., 340 Mass. 195, 196-197 (1960); Commonwealth v.

    Cited 5 timesPublished

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