Case law

Moncy v. Planning Board

50 Mass. App. Ct. 715 · Massachusetts Appeals Court · Jan 19, 2001

The *716 board had denied the endorsement based on lack of substantive proof that Bates Lane is a public way as that term is used in G. L. c. 41, § 81L. The plaintiff appealed the board’s decision to the Land Court. … Casagrande v. Town Clerk of Harvard, 377 Mass. at 706-709 . The board did not err in refusing to endorse the plan “approval under the subdivision control law not required.”

Falcone v. Planning Board

14 Mass. App. Ct. 950 · Massachusetts Appeals Court · Jul 16, 1982

by the board at that time. … Compare Weld v. Board of Appeals of Gloucester, 345 Mass. 376, 378-379 (1963). Despite the board’s use of an “approved-with-conditions” format, the 1974 action was in effect a disapproval of the plan as submitted.

Retirement Board v. Colleran

34 Mass. App. Ct. 486 · Massachusetts Appeals Court · May 13, 1993

See State Bd. of Retirement v. Boston Retirement Bd., 391 Mass. 92, 94 (1984); Russell v. Boston Wyman, Inc., 410 Mass. 1005, 1006 (1991). … Cardellicchio v. Board of Retirement of Natick, 391 Mass. 760, 763 (1984). Additional guidance as to its meaning is acquired from the definition of the word “employee” in G.

Federline v. Planning Board

33 Mass. App. Ct. 65 · Massachusetts Appeals Court · Jul 24, 1992

See Meyer v. Planning Bd. of Westport, 29 Mass. App. … Mac-Rich Realty Constr., Inc. v. Planning Bd. of Southborough, 4 Mass. App. Ct. 79, 85 (1976). Nahigian v. Lexington, 32 Mass. App.

Planning Board of Nantucket v. Board of Appeals of Nantucket

15 Mass. App. Ct. 733 · Massachusetts Appeals Court · May 6, 1983

Vetter v. Zoning Bd. of Appeal of Attleboro, 330 Mass. 628, 630-631 (1953). Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, 353 (1963). Alley v. Building *738 Inspector of Danvers, 354 Mass. 6, 7-8 (1968). … Lindsay v. Board of Appeals of Milton, 362 Mass. 126, 131 (1972). Giovannucci v. Board of Appeals of Plainville, 4 Mass. App. Ct. 239, 242-244 (1976). Girard v. Board of Appeals of Easton, 14 Mass. App.

McDavitt v. Planning Board

5 Mass. App. Ct. 827 · Massachusetts Appeals Court · May 25, 1977

See Woods v. Newton, 349 Mass. 373, 376 (1965); Belfer v. Building Commr. of Boston, 363 Mass. 439, 441-442 (1973); contrast Picard v. Worcester, 338 Mass. 644, 648 (1959). … to approval by the board of the subdivision of parcel A.

Corcoran v. Planning Board

26 Mass. App. Ct. 1000 · Massachusetts Appeals Court · Nov 21, 1988

For her conclusion, she relied upon broad language in Fox v. Planning Bd. of Milton, 24 Mass. App. Ct. 572 (1987). … To be read with the Gifford case is Hrenchuk v. Planning Bd. of Walpole, 8 Mass. App. Ct. 949 (1979). Compare Gallitano v. Board of Survey & Planning of Waltham, 10 Mass. App. Ct. 269, 272-274 (1980); Smalley v.

Durbin v. Board of Selectmen

62 Mass. App. Ct. 1 · Massachusetts Appeals Court · Sep 15, 2004

The board ordered that both dogs be “humanely euthanized.” *4 The Durbins petitioned the Plymouth District Court for review of the board’s order. On June 28, 1999, a clerk-magistrate affirmed the board’s decision. … See Commonwealth v.

Cullen v. Planning Board

4 Mass. App. Ct. 842 · Massachusetts Appeals Court · Oct 8, 1976

Selectmen of Pembroke v. R. & P. Realty Corp. 348 Mass. 120, 125 (1964). … Selectmen of Pembroke v. R. & P. Realty Corp., supra, at 126-127. 2.

Carbone v. Planning Board

33 Mass. App. Ct. 909 · Massachusetts Appeals Court · Jul 24, 1992

The planning board of the city of Beverly (board) appeals from a judgment of the Land Court ordering the board to approve the plaintiffs’ subdivision plan. … The issue raised in this case is identical to that considered and decided in Federline v. Planning Bd. of Beverly, ante 65 (1992). There is no need for us to repeat our analysis.

Reagan v. Planning Board

37 Mass. App. Ct. 956 · Massachusetts Appeals Court · Dec 2, 1994

See Corrigan v. Board of Appeals of Brewster, 35 Mass. App. Ct. 514, 517 (1993); Shea v. Board of Appeals of Lexington, 35 Mass. App. Ct. 519, 522-523 (1993), and cases cited. … It is hard to conceive of a one-lot perimeter plan as depicting a subdivision, and, unless it does, the planning board has no discretion. Smalley v. Planning Bd. of Harwich, 10 Mass. App. Ct. 599, 603 (1980).

Bisson v. Planning Board

43 Mass. App. Ct. 504 · Massachusetts Appeals Court · Sep 12, 1997

Brown, J. The planning board (board) of the town of Dover appeals from a grant of summary judgment to Stephen W. Bis-son by a judge of the Land Court. The judge determined that the board had acted contrary to G. … See Sturdy v. Planning Bd. of Hingham, 32 Mass. App. Ct. 72, 76 (1992) (planning board may not deny endorsement where there is sufficient frontage on a public way). Contrast Jaxtimer v.

Miles v. Planning Board

26 Mass. App. Ct. 317 · Massachusetts Appeals Court · Aug 15, 1988

In new construction, utilities typically follow the routes of ways, Sansoucy v. … Co. v. Planning Bd. of Randolph, 340 Mass. 149, 153-154 (1959). Rounds v. Water & Sewer Commrs. of Wilmington, 347 Mass. 40, 46 (1964). Sansoucy v. Planning Bd. of Worcester, 355 Mass. at 649 . Gifford v.

Planning Board v. Koenig

12 Mass. App. Ct. 1009 · Massachusetts Appeals Court · Dec 22, 1981

Following the decision by the zoning board of appeals, the planning board commenced this suit. … The Subdivision Control Law, as found in c. 41, §§ 81K-81GG, of the Massachusetts General Laws, is a “comprehensive statutory scheme,” Costanza & Bertolino, Inc. v. Planning Bd. of No.

Planning Board v. Gargiulo

11 Mass. App. Ct. 958 · Massachusetts Appeals Court · Mar 2, 1981

See Abbott v. Appleton Nursing Home, Inc., 355 Mass. 217, 221-222 (1969); Cass v. Board of Appeal of Fall River, 2 Mass. App. Ct. 555, 556-557 (1974); Planning Bd. of Framingham v. … Contrast Cavanaugh v. DiFlumera, 9 Mass. App. Ct. 396, 397-402 (1980). See also Shacka v. Board of Appeals of Chelmsford, 341 Mass. 593, 595 (1961); Coolidge v.

Chongris v. Board of Appeals

17 Mass. App. Ct. 999 · Massachusetts Appeals Court · Feb 15, 1984

Waltham Motor Inn, Inc. v. LaCava, 3 Mass. App. Ct. 210, 218 (1975). Owens v. Board of Appeals of Belmont, 11 Mass. App. Ct. 994 (1981). … See Marotta v. Board of Appeals of Revere, 336 Mass. at 204 ; Waltham Motor Inn, Inc. v. LaCava, 3 Mass. App. Ct. at 217 ; Redstone v. Board of Appeals of Chelmsford, 11 Mass. App. Ct. 383 (1981).

Epstein v. Board of Appeal

77 Mass. App. Ct. 752 · Massachusetts Appeals Court · Sep 21, 2010

See especially Circle Lounge & Grille, Inc. v. Board of Appeal of Boston, 324 Mass. 427, 432-433 (1949); Sherrill House, Inc. v. Board of Appeal of Boston, 19 Mass. App. Ct. 274, 275 (1985); McGee v. … They, in turn, confer aggrievement and standing upon Epstein. 12 See Bedford v. Trustees of Boston Univ., 25 Mass. App. Ct. 372 , 377 & n.4 (1988); Bertrand v. Board of Appeals of Bourne, 58 Mass. App.

Pierce v. Board of Appeals

3 Mass. App. Ct. 352 · Massachusetts Appeals Court · Jun 18, 1975

Following our decision in Pierce v. Board of Appeals of Carver, 2 Mass. App. … See also Cuzzi v. Board of Appeals of Medford, 2 Mass. App. Ct. 887 (1974); Curdo v. Russo, post, 730 (1975).

Villalobo v. Rent Board

6 Mass. App. Ct. 878 · Massachusetts Appeals Court · May 5, 1978

. § 403.1 et seq., had the effect of preempting entirely any jurisdiction of the rent board over the federally subsidized rental units occupied by the plaintiffs. See Boston v. Hills, 420 F. Supp. 1291 (D. … Polvere, for Rent Board of Boston. Alix Smullin for North American Development Company, Inc. So ordered.

Copley v. Board of Appeals

1 Mass. App. Ct. 821 · Massachusetts Appeals Court · May 2, 1973

Gulf Oil Corp. v. Board of Appeals of Framingham, 355 Mass. 275 . Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555, 559-560 . … This is not a case where the board’s decision is based on a legally untenable ground (see e.g., Tambone v. Board of Appeal of Stoneham, 348 Mass. 359 ) or is arbitrary (see e.g., Mahoney v.