Case law

Commonwealth v. Nelson

17 Mass. App. Ct. 947 · Massachusetts Appeals Court · Dec 14, 1983

This aspect of the case is controlled by Commonwealth v. Brown, 9 Mass. App. Ct. 609, 611 (1980). See also Commonwealth v. Coderre, 360 Mass. 869 (1971). … Brown, supra, “the victim used the phrase ‘sexual relations’ rather than something more detailed.”

Waltham Motor Inn, Inc. v. LaCava

3 Mass. App. Ct. 210 · Massachusetts Appeals Court · Apr 17, 1975

Board of Appeal of Springfield, 335 Mass. 464, 469, 470 [1957]; Colabufalo v. Board of Appeal of Newton, 336 Mass. 213 , *215 217 [1957]; Vainas v. Board of Appeals of Lynn, 337 Mass. 591, 591, 594 [1958]; Smith v. … Marotta v. Board of Appeals of Revere, 336 Mass. 199, 204 (1957).

Manning v. Manning

5 Mass. App. Ct. 795 · Massachusetts Appeals Court · Mar 14, 1977

Brown v. Brown, 323 Mass. 332, 334 (1948). Yee v. Yee, 2 Mass. App. Ct. 897 (1974), and cases cited. Compare Bailey v. Bailey, 97 Mass. 373, 381 (1867); Freeman v. Freeman, 238 Mass. 150, 159-160 (1921). … Rudnick, 288 Mass. 256, 257 [1934]), and (2) did in fact result in mental suffering (see Curtiss v. Curtiss, 243 Mass. 51, 53 [1922]) which affected his health. See Reed v. Reed, 340 Mass. 321, 323 (1960).

PETER CUOZZO & Another v. ZONING BOARD OF APPEALS OF WESTWOOD & Others.

Massachusetts Appeals Court · Jun 26, 2023

Sheppard v. Zoning Bd. of Appeal of Boston, 81 Mass. App. Ct. 394, 398 (2012), quoting Damaskos v. Board. of Appeal of Boston, 359 Mass. 55, 61 (1971). … See also McGee v. Board of Appeal of Boston, 62 Mass. App. Ct. 930, 931 (2004) ("An undersized lot is not a basis for a variance").

Kewley v. Department of Elementary and Secondary Education

86 Mass. App. Ct. 154 · Massachusetts Appeals Court · Aug 22, 2014

See Williamson v. Lee Optical of Okla., Inc., 348 U.S. 483, 488 (1955); Walden v. Board of Registration in Nursing, supra. … See McLean v. Mayor of Holyoke, 216 Mass. 62, 64-65 (1913); Berman v. Board of Registration in Med., 355 Mass. 358, 360 (1969); Urban Trans., Inc. v.

GEORGE BUTLER & Another v. ZONING BOARD OF APPEALS OF MATTAPOISETT & Others.

Massachusetts Appeals Court · Apr 19, 2023

Partnership v. Board of Appeals of Shirley, 461 Mass. 469, 475 7 (2012). … Perry v. Board of Appeal of Boston, 100 Mass. App. Ct. 138, 143 (2021), quoting Fish v. Accidental Auto Body, Inc., 95 Mass. App. Ct. 355, 362 (2019).

Commonwealth v. Yang

Massachusetts Appeals Court · Sep 17, 2020

Brown described Chi as short and Asian with tattoos. … See Commonwealth v.

Commonwealth v. Singer

29 Mass. App. Ct. 708 · Massachusetts Appeals Court · Jan 16, 1991

Franks v. … “IT” describes John Singer as a white male, approx. 39 years of age, approx. 5’5, 140 lbs., with brown hair and brown eyes.

Pelullo v. Croft

86 Mass. App. Ct. 908 · Massachusetts Appeals Court · Oct 22, 2014

Framingham Clinic, Inc., 382 Mass. at 290, quoting from Commonwealth v. Zone Book, Inc., 372 Mass. 366, 369 (1977). See Tanner v. Board of Appeals of Boxford, 61 Mass. App. Ct. 647, 649-650 (2004). … Partnership v. Board of Appeals of Shirley, 461 Mass. 469, 475 (2012).4 "[A]n 'incorrect interpretation of a statute . . . is not entitled to deference.'" Ibid., quoting from Atlanticare Med. Ctr. v.

Commonwealth v. Fredericq

93 Mass. App. Ct. 19 · Massachusetts Appeals Court · Mar 12, 2018

Iverson v. Board of Appeals of Dedham, 14 Mass. App. … Commonwealth v.

Commonwealth v. Vittum

93 Mass. App. Ct. 1117 · Massachusetts Appeals Court · Jun 26, 2018

State police Sergeant Timothy Brown testified that he interviewed the defendant on the following day. … Viewing the evidence in the light most favorable to the Commonwealth, Commonwealth v.

Butler v. City of Waltham

63 Mass. App. Ct. 435 · Massachusetts Appeals Court · May 5, 2005

See Murray v. Board of Appeals of Barnstable, 22 Mass. App. Ct. 473, 476 (1986), citing Mass.R.Civ.P. 52(a), 365 Mass. 816 (1974); Nickerson v. Zoning Bd. of Appeals of Raynham, supra, quoting from Marashlian v. … See Marashlian v. Zoning Bd. of Appeals of Newburyport, supra at 721; Marinelli v. Board of Appeals of Stoughton, 440 Mass. 255, 257 (2003).

Commonwealth v. Montgomery

23 Mass. App. Ct. 909 · Massachusetts Appeals Court · Nov 14, 1986

Commonwealth v. Moore, 379 Mass. 106, 111 (1979). See Commonwealth v. Brown, 364 Mass. 471, 478-480 (1973); Commonwealth v. Flanagan, 17 Mass. App. Ct. 366, 370 (1984). … Commonwealth v. Brown, 364 Mass. at 476 . Here, any risk of prejudice (see Commonwealth v.

Chiuccariello v. Building Commissioner

29 Mass. App. Ct. 482 · Massachusetts Appeals Court · Nov 9, 1990

Gamer v. … Brady v. Board of Appeals of Westport, 348 Mass. 515, 520 (1965).

Dolphino Corp. v. Alcoholic Beverages Control Commission

29 Mass. App. Ct. 954 · Massachusetts Appeals Court · Sep 26, 1990

Commn. v. Boston Mun. Ct., 27 Mass. App. … See, e.g., Devine v. Zoning Bd. of Appeals of Lynn, 332 Mass. 319, 321 (1955); Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 295 (1972). Contrast practice under G.

JAMES E. MORSE v. ZONING BOARD OF APPEALS OF WELLESLEY & Others.

Massachusetts Appeals Court · Mar 7, 2023

Brown v. Chicopee Fire Fighters Ass'n, Local 1710, IAFF, 408 Mass. 1003, 1004 n.4 (1990). … Ct. 355, 362 (2019), quoting Bateman v. Board of Appeals of Georgetown, 56 Mass. App. Ct. 236, 242 (2002).

Goldhirsh v. McNear

32 Mass. App. Ct. 455 · Massachusetts Appeals Court · Apr 28, 1992

Willard v. Board of Appeals of Orleans, 25 Mass. App. Ct. 15, 22 (1987).” As set out in Willard v. Board of Appeals of Orleans, 25 Mass. App. … See Fitzsimonds v. Board of Appeals of Chatham, 21 Mass. App. Ct. at 57 ; Willard v. Board of Appeals of Orleans, 25 Mass. App. Ct. at 21-23 . Cf. Nichols v. Board of Zoning Appeal of Cambridge, 26 Mass. App.

Murphy v. Town of Duxbury

40 Mass. App. Ct. 513 · Massachusetts Appeals Court · Jun 5, 1996

Smith v. Longmeadow, 29 Mass. 599, 603 (1990). … See Goldhirsh v. McNear, 32 Mass. App. Ct. 455, 458-461 (1992).

Commonwealth v. Bastarache

10 Mass. App. Ct. 499 · Massachusetts Appeals Court · Sep 16, 1980

Brown, J. The defendant brings this appeal under G. L. c. 278, §§ 33A-33G, from his conviction by a jury iri the Superior Court on an indictment charging manslaughter. … See Carter v. Jury Commn., 396 U.S. 320 (1970); Akins v. Texas, 325 U.S. 398 (1945); Smith v. Texas, 311 U.S. 128 (1940).

Employer's Reinsurance Corporation v. Workers' Compensation Trust Fund

Massachusetts Appeals Court · Jan 30, 2026

The board's decision properly relied on our opinion in Home Ins. Co. v. Workers' Compensation Trust Fund, 88 Mass. App. Ct. 189 (2015). … See also Ramaseshu v. Board of Registration of Med., 441 Mass. 1006, 1006 (2004) (denying review of appeal filed seven years after appellant received notice of board's final decision).