Case law

Bengar v. Clark Equipment Co.

24 Mass. App. Ct. 41 · Massachusetts Appeals Court · Apr 7, 1987

Brown, J. … Textor v. Board of Regents, 711 F.2d 1387 , 1390 (7th *46 Cir. 1983) (motion to reconsider the denial of leave to amend properly viewed as a rule 59 [e] motion).

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.

Piccicuto v. Dwyer

32 Mass. App. Ct. 137 · Massachusetts Appeals Court · Feb 13, 1992

Brown, J. … Doliner v. Brown, 21 Mass. App. Ct. 692, 700 (1986) (Brown, J., concurring). 6.

McDonald's Corp. v. Town of Seekonk

12 Mass. App. Ct. 351 · Massachusetts Appeals Court · Aug 18, 1981

L. c. 40A, as now in effect, the Superior Court lacked jurisdiction to hear the matter in the absence of its having previously been considered by the board of ap *352 peals. Neuhaus v. … Morganelli v. Building Inspector of Canton, 7 Mass. App. Ct. 475, 481 (1979). G.

Commonwealth v. Valentine

18 Mass. App. Ct. 965 · Massachusetts Appeals Court · Oct 26, 1984

The officer’s “plain view” detection, from outside the vehicle, of the marihuana odor, the seeds, the brown vegetable material, and the small envelope was proper. Commonwealth v. Ortiz, 376 Mass. 349, 353 (1978). … The marihuana odor, the seeds, the brown vegetable material, and the small envelope gave the officer probable cause to believe that other contraband was within the vehicle and on Valentine’s person. Commonwealth v.

MARY M. LAMPORT'S CASE.

101 Mass. App. Ct. 26 · Massachusetts Appeals Court · Apr 28, 2022

See LaFleur v. C.C. Pierce Co., 398 Mass. 254, 257 (1986) ("Under G. … Once approved by the board, this agreement precludes reopening of the case except upon a showing of fraud or mutual mistake"); Mueller's Case, 48 Mass. App. Ct. 910, 910 (1999), citing Martin v.

THOMAS J. HUTTON & Another v. BOARD OF HEALTH OF NANTUCKET.

Massachusetts Appeals Court · Apr 16, 2024

Perisho v. Board of Health of Stow, 103 Mass. App. Ct. 593, 597 (2023). We review the board's decision de novo. See Fieldstone Meadows Dev. Corp. v. Conservation Comm'n of Andover, 62 Mass. App. … Daddario v. Cape Cod Comm'n, 56 Mass. App. Ct. 764, 770 (2002), cert. denied, 540 U.S. 1005 (2003). See Caswell v.

DiPietro v. Sipex Corp.

69 Mass. App. Ct. 29 · Massachusetts Appeals Court · May 14, 2007

See, e.g., Undem v. First Natl. Bank Spring-dale, Ark., 46 Ark. Ct. App. 158 (1994); Fair Oaks Bank v. Johnson, 198 Cal. 196 (1926); San Diego Mun. Credit Union v. Smith, 176 Cal. … App. 3d 919 (1986); Louis Pizitz Dry Goods Co. v. New York Hamilton Corp., 228 A.D. 325 (N.Y.1930); NationsBank of Va., N.A. v. Toms, 28 Va. Cir. 378 (1992); Hulse v.

Commonwealth v. Marvrellis

3 Mass. App. Ct. 165 · Massachusetts Appeals Court · Apr 4, 1975

See Commonwealth v. Brown, 364 Mass. 471, 475 (1973); Commonwealth v. Ferguson, 365 Mass. 1, 12-13 (1974); Commonwealth v. Dupont, 2 Mass. App Ct. 566, 571-573 (1974); McCoy v. … See Commonwealth v. Brown, supra, at 476-480 ; O’Shea v. United States, supra; Larkin v. United States, supra; United States v. Acosta-Garcia, 448 F. 2d 395 (9th Cir. 1971); State v.

Williams v. Building Commissioner

1 Mass. App. Ct. 478 · Massachusetts Appeals Court · Sep 20, 1973

Board of Appeal of Boston, 358 Mass. 94, 103 (1970); Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 292 (1972). See also Allen v. Board of Appeals of Fall River, 351 Mass. 714 (1967); Morin v. … See also Marinetti v. Board of Appeal of Boston, 275 Mass. 169, 173 (1931); Carson v. Board of Appeals of Lexington, 321 Mass. 649, 652-653 (1947).

Commonwealth v. Belliveau

76 Mass. App. Ct. 830 · Massachusetts Appeals Court · Jun 1, 2010

A police officer also testified that “[t]he section that [the] defendant’s car was on would had to have gone across the wooden boards into the section down on the pier; there’s no motor vehicles at all, it’s a pedestrian … See Commonwealth v. George, 406 Mass. 635, 637 (1990), citing Commonwealth v. Endicott, 17 Mass. App. Ct. 1025, 1026 (1984) (Brown J., concurring).

Commonwealth v. Barros

24 Mass. App. Ct. 964 · Massachusetts Appeals Court · Aug 5, 1987

Brown, 11 Mass. App. … See Commonwealth v. Brown, 11 Mass. App. Ct. at 295-297 . See also Commonwealth v. Cefalo, 381 Mass. 319, 338 (1980); Commonwealth v. Hesketh, 386 Mass. 153, 162-164 (1982); Commonwealth v. Mahan, 18 Mass. App.

Maher v. Justices of Quincy Division of District Court Department

67 Mass. App. Ct. 612 · Massachusetts Appeals Court · Oct 27, 2006

See, e.g., Gurry v. Board of Pub. … Co. v.

Greenstein v. Flatley

19 Mass. App. Ct. 351 · Massachusetts Appeals Court · Feb 14, 1985

That letter brought forth from the Flatley home office in Braintree a lease on a printed form published by the Greater Boston Real Estate Board, with typed material filled in, typed addenda, and a floor plan as an annexed … See also Hoffman v. Red Owl Stores, Inc., 26 Wis. 2d 683 (1965).

Commonwealth v. Clark C.

59 Mass. App. Ct. 542 · Massachusetts Appeals Court · Oct 9, 2003

A Juvenile Court judge suppressed “all statements” a juvenile made to Larry Brown, a Springfield police lieutenant. … According to Lieutenant Brown’s testimony, she was either the juvenile’s aunt or older sister.

Lincoln Pharmacy of Milford, Inc. v. Commissioner of the Division of Unemployment Assistance

74 Mass. App. Ct. 428 · Massachusetts Appeals Court · Jun 18, 2009

Board of Registration in Med., 445 Mass. 291, 301 (2005), quoting from Herridge v. … See Fisch v. Board of Registration in Med., 437 Mass. 128, 133 (2002). 7. Notice.

TIGER HOME INSPECTION, INC. v. DIRECTOR OF THE DEPARTMENT OF UNEMPLOYMENT ASSISTANCE.

101 Mass. App. Ct. 373 · Massachusetts Appeals Court · Jul 13, 2022

See Sebago v. … Am., Inc. v.

Burnham v. Town of Hadley

58 Mass. App. Ct. 479 · Massachusetts Appeals Court · Jul 2, 2003

Subaru of New England, Inc. v. Board of Appeals of Canton, 8 Mass. App. Ct. 483, 486 (1979). As we indicated in Cunha v. New Bedford, 47 Mass. App. … Zuckerman v.

MARIO MARIANI & Others v. PLANNING BOARD OF DENNIS & Another.

Massachusetts Appeals Court · Aug 25, 2023

Murray v. Board of Appeals of Barnstable, 22 Mass. App. Ct. 473, 476 (1986). See G. L. c. 40A, § 17. … Bertrand v. Board of Appeals of Bourne, 58 Mass. App. Ct. 912 (2003).

DePasquale v. Ogden Suffolk Downs, Inc.

29 Mass. App. Ct. 658 · Massachusetts Appeals Court · Dec 31, 1990

However, G.L.c. 93A, § 3, as appearing in St. 1983, c. 242, provides: "Nothing in this chapter shall apply to transactions or actions otherwise permitted under laws as administered *663 by any regulatory board or officer … See Leardi v. Brown, 394 Mass. 151 , 157-162 *664 162 (1985). For the reasons stated in this opinion, the plaintiff may not recover the winnings of the Twin-Trifecta.