Case law

Commonwealth v. Walker

69 Mass. App. Ct. 137 · Massachusetts Appeals Court · May 24, 2007

Commonwealth v. Maldonado, 439 Mass. 460, 463 (2003), quoting from Commonwealth v. Garrey, 436 Mass. 422, 428 (2002). … See Commonwealth v. Leinbach, 29 Mass. App. Ct. at 944 (senior chemist testified in place of chemist who had been suspended). Compare Commonwealth v.

Commonwealth v. Marcelli

14 Mass. App. Ct. 567 · Massachusetts Appeals Court · Oct 27, 1982

See Commonwealth v. Welansky, 316 Mass. 383, 397-401 (1944). See also Flippo v. … Commonwealth v. Chalifoux, 362 Mass. 811, 815-816 (1973). Commonwealth v. Young, 382 Mass. 448, 462-463 (1981).

School Committee of West Springfield v. Korbut

4 Mass. App. Ct. 743 · Massachusetts Appeals Court · Dec 31, 1976

Board of Educ. 362 Mass. 417, 441 (1972), and cases cited. [4] We conclude, therefore, that the reinstatement order was beyond the power of the arbitrators. Decree affirmed. BROWN, J. (concurring in the result only). … Board of Higher Educ. of N.Y. 31 N.Y.2d 926 (1972), affirming 38 App. Div.2d 478 (N.Y. 1972); Central Sch. Dist. v. Livingston Manor Teachers Assn. 44 App.

Cummings's Case

52 Mass. App. Ct. 444 · Massachusetts Appeals Court · Aug 31, 2001

See Brown v. Leighton, 385 Mass. 757, 761 (1982). As a necessary corollary, it is essential that the Rating Bureau know, with as much accuracy as possible, who is insured. Frost v. David C. Wells Ins. … Cos. v.

PAUL GRIFFITH & Others v. BELLINGHAM ZONING BOARD OF APPEALS & Others.

Massachusetts Appeals Court · Feb 11, 2025

the Bellingham Zoning Board of Appeals' issuance of a comprehensive permit under G. … Sch. v. K.S., 489 Mass. 309, 317 (2022). See also Doherty v.

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

94 Mass. App. Ct. 1122 · Massachusetts Appeals Court · Feb 19, 2019

Thus, contrary to the board's contention, the appeal is not moot, and we proceed to the merits. Judicial review of the board's decision is governed by the established standards of G. L. c. 30A, § 14. See Burke v. … See Breslin v. Board of Appeal on Motor Vehicle Liab. Policies & Bonds , 70 Mass. App.

Mahoney v. City of Chelsea

20 Mass. App. Ct. 91 · Massachusetts Appeals Court · May 21, 1985

(d) We see nothing in Kreger v. Public Bldgs. Commr. of Newton, 353 Mass. 622 (1968), or in Salah v. Board of Appeals of Canton, 2 Mass. App. … See also Brown v. Linnell, 359 Mass. 446 (1971).

WINDROCK TRUST COMPANY, LLC, Trustee v. PLANNING BOARD OF LINCOLN.

Massachusetts Appeals Court · Nov 20, 2024

We review the judge's ruling on the board's motion to dismiss de novo. See Pinti v. Emigrant Mtge. Co., 472 Mass. 226, 231 (2015). … See also Pierce v. Board of Appeals of Carver, 369 Mass. 804, 808 (1976).

Goldberg v. Goldberg

7 Mass. App. Ct. 831 · Massachusetts Appeals Court · Jun 28, 1979

Brown, J. … Board of Health of No. Adams v. Mayor of No. Adams, 368 Mass. 554, 568 (1975). Judgment affirmed. 1 Henry as well as Frances submitted a form of proposed final judgment.

Olson v. Ela

8 Mass. App. Ct. 165 · Massachusetts Appeals Court · Jul 27, 1979

Brown, J. By this action commenced in the Superior Court the plaintiff seeks to recover damages for injuries she sustained in an automobile accident involving her and the defendant. … Ott v. Board of Registration in Medicine, 276 Mass. 566, 574 (1931).

Commonwealth v. Norman

27 Mass. App. Ct. 82 · Massachusetts Appeals Court · Mar 6, 1989

In Brown v. … See Commonwealth v. McGann, 20 Mass. App. Ct. 59, 61-62 (1985). To be sure, Brown v.

Tibbitts v. Wisniewski

27 Mass. App. Ct. 729 · Massachusetts Appeals Court · Aug 18, 1989

See Ackermann v. United States, 340 U.S. 193, 202 (1950); Artco, Inc. v. DiFruscia, 5 Mass. App. Ct. at 517 ; Bowers v. Board of Appeals of Marshfield, 16 Mass. App. Ct. 29, 33 (1983). … Universal Film Exchanges, Inc. v. Lust, 479 F.2d 573, 576-577 (4th Cir. 1973). Brown v. E.W. Bliss Co., 72 F.R.D. 198, 199-201 (D. Md. 1976).

Commonwealth v. Marler

11 Mass. App. Ct. 1014 · Massachusetts Appeals Court · Apr 27, 1981

Ct. 748, 750-751, 751-752 (1980); Commonwealth v. Brown, 10 Mass. App. Ct. 935, 936 (1980). 2. … reputation at the time he first touched Brown.

MacNutt v. Police Commissioner

30 Mass. App. Ct. 632 · Massachusetts Appeals Court · Jun 5, 1991

Commonwealth v. Slocum, 230 Mass. 180, 192 (1918). Town Taxi Inc. v. Police Commr. of Boston, 377 Mass. 576, 586 (1979). … National Shawmut Bank v. Morey, 320 Mass. 492, 497 (1946). Brown v. Neelon, 335 Mass. 357, 361 (1957). Moreover, “a nonjurisdictional issue not presented at the trial level need not be considered on appeal.”

Caron v. Silvia

32 Mass. App. Ct. 271 · Massachusetts Appeals Court · Mar 23, 1992

Board of Educ., 391 U.S. 563, 568 (1968), and was affirmed in Connick v. Myers, 461 U.S. at 154 , in 1983. Contrast Duarte v. … Board of Educ., 391 U.S. 563, 568 (1968); and whether the employee's speech was a substantial factor motivating the defendants to effectuate her discharge, Mount Healthy City Sch. Dist. Bd. of Educ. v.

Morrison v. Northern Essex Community College

56 Mass. App. Ct. 784 · Massachusetts Appeals Court · Dec 19, 2002

See Legoff v. Trustees of Brown Univ., 23 F. Supp. 2d 120, 126 (1998) (“In interpreting Title IX, courts apply the legal principles elaborated under Title VII”). … Wills v. Brown Univ., 184 F.3d 20, 26 (1st Cir. 1999). Compare Franklin v. Gwinnett County Pub. Schs., 503 U.S. 60 (1992).

BD., SELECTMEN OF PROVINCETOWN v. Attorney Gen.

15 Mass. App. Ct. 639 · Massachusetts Appeals Court · Apr 12, 1983

Brown, 200 Mass. 269, 270-271 (1908); Dodge v. Anna Jaques Hosp., 301 Mass. 431, 434-436 (1938); Holmes v. Welch, 314 Mass. 106, 109-110 (1943). Compare Weeks v. … See Weeks v. Hobson, supra at 379 ; Brown v. Independent Baptist Church, 325 Mass. at 647.

Gammell

86 Mass. App. Ct. 8 · Massachusetts Appeals Court · Jul 15, 2014

Ct. 326, 340 (2007); Commonwealth v. … Commonwealth v. Polk, 462 Mass. 23, 36 (2012). See Commonwealth v. Ianello, 401 Mass. 197, 201-202 (1987); Commonwealth v. Montanino, 409 Mass. 500, 504 (1991).

Ward v. Coletti

10 Mass. App. Ct. 629 · Massachusetts Appeals Court · Oct 21, 1980

See and compare Commonwealth v. Allen, 378 Mass. 489, 499 (1979); Commonwealth v. Levin, 7 Mass. App. … This case was argued before a panel comprised of Justices Brown, Greaney and Dreben.

ROBERT H. STRAYTON & Another v. PLANNING BOARD OF EDGARTOWN & Others.

Massachusetts Appeals Court · Sep 26, 2024

Williams v. Board of Appeals of Norwell, 490 Mass. 684, 685 (2022). … Green v. Brookline, 53 Mass. App. Ct. 120, 123 (2001).