Case law

Opinions from 1658 to today.

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  • Milton Commons Assoc. v. BD. OF APP. OF MILTON

    14 Mass. App. Ct. 111 · Massachusetts Appeals Court · Jun 30, 1982

    Board of Appeals of Melrose v. Housing Appeals Comm., 5 Mass. App. … Noe v. Board of Appeals of Hingham, 13 Mass. App.

    Cited 24 timesPublished
  • Thou v. Russo

    86 Mass. App. Ct. 514 · Massachusetts Appeals Court · Oct 23, 2014

    Stark, board certified in cardiology and internal medicine, and familiar with authorities and published literature in liposuction practice, appears well qualified and was not seriously challenged by Russo. See Letch v. … Germain v. Pfeifer, 418 Mass. 511, 516 (1994) (citation omitted). See Little v.

    Cited 3 timesPublished
  • Hunt v. Milton Savings Bank

    2 Mass. App. Ct. 133 · Massachusetts Appeals Court · Apr 5, 1974

    Inc. v. Board of Appeals of Lawrence, 324 Mass. 433, 438 (1949); Bick-nell Realty Co. v. Board of Appeal of Boston, 330 Mass. 676, 679 (1953); Benjamin v. … See Atherton v. Board of Appeals of Bourne, 334 Mass. 451, 454-455 (1956); Benjamin v. Board of Appeals of Swansea, 338 Mass. 257, 259 (1959); DiRico v.

    Cited 11 timesPublished
  • Bedford v. Trustees of Boston University

    25 Mass. App. Ct. 372 · Massachusetts Appeals Court · Feb 5, 1988

    See Krantz v. John Hancock Mut. Life Ins. Co., 335 Mass. 703, 711-713 (1957); Marotta v. Board of Appeals of Revere, 336 Mass. 199, 204 (1957); Sherrill House, Inc. v. Board of Appeal of Boston, 19 Mass. App. … See Brady v. Board of Appeals of Westport, 348 Mass. 515, 518-521 (1965); Lane v. Selectmen of Great Barrington, 352 Mass. 523, 526 (1967). Cf. Cappuccio v.

    Cited 31 timesPublished
  • Lane v. Meserve

    20 Mass. App. Ct. 659 · Massachusetts Appeals Court · Aug 29, 1985

    He testified that he had seen Lane looking “as though he were going to board the train again,” and had told him “don’t bother, don’t try it.” … Brown, 593 P.2d 187, 192-193 (Wyo. 1979). But see Ryan v. Foster & Marshall, Inc., 556 F.2d 460, 465 (9th Cir. 1977) (construing Oregon law), and compare with Johnson v. Tilden, 378 Or. 11 , 17 (1977).

    Cited 11 timesPublished
  • Morris v. 24-26 Moreland St., LLC.

    92 Mass. App. Ct. 1126 · Massachusetts Appeals Court · Feb 6, 2018

    Colony of Wellfleet, Inc . v. Harris , 71 Mass. App. Ct. 522 , 529 (2008) (citation omitted). … See Morris v. Brown , 87 Mass. App. Ct. 1130 (2015). We commend the parties' efforts to narrow the issues presented on remand, and to avoid revisiting in this appeal those matters that have already been finally decided.

    Cited 0 timesPublished
  • Roberts-Haverhill v. City Coun. of Haverhill

    2 Mass. App. Ct. 715 · Massachusetts Appeals Court · Dec 18, 1974

    Board of Appeals of Milton, 341 Mass. 99, 106 (1960); MacGibbon v. Board of Appeals of Duxbury, 347 Mass. 690, 690-692 (1964); Chater v. Board of Appeals of Milton, 348 Mass. 237, 246 (1964); Tambone v. … Board of Appeal of Stoneham, 348 Mass. 359, 365 (1965); Slater v. Board of Appeals of Brookline, 350 Mass. 70, 74 (1966); MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 639, 642 (1970); Y. D. Dugout, Inc. v.

    Cited 42 timesPublished
  • Kinchla v. Welsh

    8 Mass. App. Ct. 367 · Massachusetts Appeals Court · Sep 24, 1979

    Brown, J. The plaintiff, Richard L. Kinchla, commenced this action in the Superior Court to recover a real estate commission alleged to be due from the defendants, Stanley G. Welsh and Marjorie W. … See Dalton v.

    Cited 20 timesPublished
  • Paulding v. Bruins

    18 Mass. App. Ct. 707 · Massachusetts Appeals Court · Oct 29, 1984

    Marotta v. Board of Appeals of Revere, 336 Mass. 199, 204 (1957). … Broderick v. Board of Appeal of Boston, 361 Mass. 472, 477 (1972). Wolfman v. *711 Board of Appeals of Brookline, 15 Mass. App. Ct. 112, 115 (1983).

    Cited 29 timesPublished
  • Commonwealth v. Francois

    93 Mass. App. Ct. 1117 · Massachusetts Appeals Court · Jul 2, 2018

    Eight months later, Brown was asked to identify the man he saw pour bleach on Narcisse. Detective Erin Schroeder showed Brown a photographic array (photo array) of nine to twelve individuals. … Brown and Gonzalez were in a vehicle driving down Morton Street. "Circumstantial evidence is competent to establish guilt beyond a reasonable doubt." Commonwealth v. Cotto , 69 Mass. App.

    Cited 0 timesPublished
  • Springfield Housing Authority v. Burgos

    32 Mass. App. Ct. 673 · Massachusetts Appeals Court · Jun 19, 1992

    Norman v. Brown, Todd & Heyburn, 693 F. Supp. 1259, 1263 (D. … United States v. Elliott, 571 F.2d at 898 . See also United States v.

    Cited 2 timesPublished
  • VON HILLEREN DONOVAN, LLC, & Another v. BOARD OF APPEAL OF BOSTON & Others.

    Massachusetts Appeals Court · May 30, 2025

    Porter v. Board of Appeal of Boston, 99 Mass. App. Ct. 240, 241 (2021). … Cohen v. Zoning Board of Appeals of Plymouth, 35 Mass. App.

    Cited 0 timesUnpublished
  • Caruso v. Pastan

    1 Mass. App. Ct. 28 · Massachusetts Appeals Court · Jan 3, 1973

    Board of Conciliation and Arbitration, 311 Mass. 223, 225-227 , and Moran v. … L. c. 41, § 81M, as inserted by St. 1953, c. 674, § 7, and as most recently amended by St. 1969, c. 884, § 2; Daley Construction Co. v. Planning Board of Randolph, 340 Mass. 149,152-155 ; and Caruso v.

    Cited 14 timesPublished
  • Nantucket Land Coun. v. Planning Bd., Nantucket

    5 Mass. App. Ct. 206 · Massachusetts Appeals Court · Mar 30, 1977

    Board of Appeals of Saugus, 361 Mass. 361, 362 (1972); Pierce v. Board of Appeals of Carver, 369 Mass. at 808 ; Costello v. Board of Appeals of Lexington, 3 Mass. App. Ct. 441, 443 (1975). … See MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 637, 640-641 (1970), S. C. 369 Mass. 512, 514 (1976); Dolan v. Board of Appeals of Chatham, 359 Mass. 699, 701 (1971); Turnpike Realty Co. v.

    Cited 38 timesPublished
  • Fisher v. Lint

    69 Mass. App. Ct. 360 · Massachusetts Appeals Court · Jun 19, 2007

    See Butz. v. … to a military court martial board.”

    Cited 53 timesPublished
  • Commonwealth v. McLeod

    30 Mass. App. Ct. 536 · Massachusetts Appeals Court · May 7, 1991

    Brown, J. … Commonwealth v. Kozec, 21 Mass. App. Ct. 355, 366 (1985) (Brown, J., concurring), S.C., 399 Mass. 514 (1987). See also Commonwealth v. Harris, 11 Mass. App. Ct. 165, 176 (1981).

    Cited 29 timesPublished
  • Powers v. H.B. Smith Co.

    42 Mass. App. Ct. 657 · Massachusetts Appeals Court · May 20, 1997

    Brown, J. This case, that seemingly neither party wanted to win, causes us to navigate around numerous procedural tangles and wade through several critical missteps. … Thereafter, a Mestek official, John Kaddaras, at the behest of .Smith’s board of directors, conducted an analysis of Smith’s organizational structure.

    Cited 60 timesPublished
  • Faith Assembly of God of South Dennis & Hyannis, Inc. v. State Building Code Commission

    11 Mass. App. Ct. 333 · Massachusetts Appeals Court · Feb 11, 1981

    School Dist. of Abington Township, Pa. v. Schempp, 374 U.S. 203, 223 (1963). Board of Educ. of Cent. Sch. Dist. No. 1 v. Allen, 392 U.S. 236, 248-249 (1968). … See Norcross v. Board of Appeal of Boston, 255 Mass. 177, 182-183 (1926); Enos v. Brockton, 354 Mass. 278, 280-281 (1968).

    Cited 58 timesPublished
  • Stowe v. Bologna

    32 Mass. App. Ct. 612 · Massachusetts Appeals Court · May 29, 1992

    Aronson v. Brookline Rent Control Bd., 19 Mass. App. Ct. 700, 703-706 (1985). Turnbladh v. District Ct. of Ramsey County, 259 Minn. 228, 236 (1960). Duvin v. … opinion in Zuker v.

    Cited 18 timesPublished
  • Commonwealth v. Harvey

    6 Mass. App. Ct. 887 · Massachusetts Appeals Court · Jun 6, 1978

    See Brown v. Illinois, 422 U.S. at 597-600 ; Commonwealth v. LeBlanc, supra at 487-488 . But see United States v. Watson, 423 U.S. at 433 (Stewart, J., concurring in the result). … See Brown v. Illinois, 422 U.S. at 603 . Cf. United States v. Jarvis, 560 F.2d 494, 498-499 (2d Cir. 1977), cert. denied, 435 U.S. 934 (1978). Compare Commonwealth v. Fielding, supra at 113-114 .

    Cited 1 timesPublished

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