Case law

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.

Dufault v. Millennium Power Partners, L.P.

49 Mass. App. Ct. 137 · Massachusetts Appeals Court · Apr 19, 2000

Dugout, Inc. v. Board of Appeals of Canton, 357 Mass. 25, 31 (1970). See Osberg, 44 Mass. App. Ct. at 57 . A town zoning board of appeals or planning board generally conducts site plan review. Ibid. … “[W]here the proposed use is one permitted by right the planning board may only apply substantive criteria consistent with Prudential Ins. Co. v. Board of Appeals of Westwood, 23 Mass. App.

DUANE E. GALBI v. CELLCO PARTNERSHIP & another.

101 Mass. App. Ct. 260 · Massachusetts Appeals Court · Jun 16, 2022

Martin does not claim that she was unaware that Cellco had applied for a variance, or that she was unaware of the hearing before the board, or that she did not know of the board's decision. See Miles-Matthias v. … See, e.g., Connors v. Annino, 460 Mass. 790, 796-798 (2011); Fisher v. Presti Family Ltd. Partnership, 100 Mass. App. Ct. 234, 242-243 (2021); Miles-Matthias, 84 Mass. App. Ct. at 783 ; Gallivan v.

Zaltman v. Town Clerk of Stoneham

5 Mass. App. Ct. 248 · Massachusetts Appeals Court · Apr 27, 1977

Potter v. Board of Appeals of Mansfield, 1 Mass. App. Ct. 89, 94-95 (1973). … Inc. v.

Commonwealth v. Flanagan

17 Mass. App. Ct. 366 · Massachusetts Appeals Court · Jan 12, 1984

Brown, 364 Mass. at 479 ; Commonwealth v. Moore, 379 Mass. at 111 . We consider first the need for those measures. … See Commonwealth v. Brown, 364 Mass. at 479 (“ordinary rules of admissibility need not be observed”). Though Commonwealth v.

Commonwealth v. Leoner-Aguirre

94 Mass. App. Ct. 581 · Massachusetts Appeals Court · Dec 13, 2018

He also relies on Brown v. United States, 256 U.S. 335 (1921), for the proposition that an individual does not forfeit his right to use deadly force, even when it is safe to retreat and he fails to do so. … Brown was a common-law case, not purporting to interpret the United States Constitution, and it did not and does not prevent the Commonwealth from adopting the opposite rule. See Commonwealth v.

Angus v. Miller

5 Mass. App. Ct. 470 · Massachusetts Appeals Court · Jun 28, 1977

Murphy, 320 Mass. 207, 208, 209, 210 (1946) ; Planning Bd. of Reading v. Board of Appeals of Reading, 333 Mass. 657, 658, 660, 661 (1956) ; Vasilakis v. Haverhill, 339 Mass. 97, 98-99, 100-101 (1959) ; Chilson v. … Board of Appeals of Barnstable, 361 Mass. 317 , 319 n.l, 321, 322, 323 (1972) ; Werner v. Board of Appeals of Harwich, 2 Mass. App. Ct. 647, 649-651 (1974).

Wilson's Case

89 Mass. App. Ct. 398 · Massachusetts Appeals Court · May 16, 2016

board and an appellate court." … See McAuliffe v. Metcalfe, 289 Mass. 67, 69 (1935).

Eisai, Inc. v. Housing Appeals Committee

89 Mass. App. Ct. 604 · Massachusetts Appeals Court · Jun 20, 2016

Arthurs v. Board of Registration in Med., 383 Mass. 299, 312-313 (1981). … In Board of Appeals of Hanover v.

VAZZA PROPERTIES, INC v. City Council of Woburn

1 Mass. App. Ct. 308 · Massachusetts Appeals Court · May 17, 1973

Such a denial is within the *312 discretion of a board of appeals. Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555, 559-560 . Gulf Oil Corp. v. Board of Appeals of Framingham, 355 Mass. 275, 277-278 . … Gulf Oil Corp. v. Board of Appeals of Framingham, 355 Mass. 275, 277 , and cases cited.” MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 639 .

Colonial Acres, Inc. v. Town of North Reading

3 Mass. App. Ct. 384 · Massachusetts Appeals Court · Jul 25, 1975

L. c. 40A, §§ 4 & 15; Carson v. Board of Appeals of Lexington, 321 Mass. 649, 652 [1947]; contrast Bottomley v. Board of Appeals of Yarmouth, 354 Mass. 474 [1968]) running only to the town of North Reading (town). … Compare Todd v. Board of Appeals of Yarmouth, 337 Mass. 162, 169 (1958).

Roberts v. Roberts

3 Mass. App. Ct. 789 · Massachusetts Appeals Court · Dec 5, 1975

Surabian v. Surabian, 362 Mass. 342, 348 (1972). Coe v. Coe, 313 Mass. 232, 235 (1943). Topalis v. Topalis, 2 Mass. App. Ct. 530, 532 (1974). See O’Brien v. O’Brien, 325 Mass. 573, 576 (1950). … Brown v. Brown, 323 Mass. 332, 333 (1948). See Coe v. Coe , 313 Mass, at 233-234; Miranda v. Miranda, 350 Mass. 478, 481 (1966). Sodones v. Sodones, 366 Mass. 121, 126-127 (1974). Lynch v. Lynch, 1 Mass. App.

Wigglesworth v. Cowles

38 Mass. App. Ct. 420 · Massachusetts Appeals Court · Apr 24, 1995

The will provides that “[t]he board of trustees shall be self-electing” and that the remaining trustees shall fill vacancies in their ranks. … See also Brown v. Independent Baptist Church, 325 Mass. 645, 647-648 (1950).

Commonwealth v. Pina

1 Mass. App. Ct. 411 · Massachusetts Appeals Court · Jul 16, 1973

On another occasion Pina told Brown to stop following him around. He then took a knife from his pocket, opened it and said to Brown, “This is for you if you don’t quit bugging.” … Commonwealth v. Schnackenberg, 356 Mass. 65, 73-74 (1969). Commonwealth v. Albert, 310 Mass. 811, 816-817 (1942). Commonwealth v. Murphy, ante, 71, 75 (1973).

The Home Insurance Co. v. Workers' Compensation Trust Fund

88 Mass. App. Ct. 189 · Massachusetts Appeals Court · Sep 3, 2015

Our deference is especially warranted in a situation, as here, where the board has chosen between "two equally plausible readings of the statutory language." Falmouth v. Civil Serv. … Co. v. Workers' Compensation Trust Fund, 88 Mass. App. Ct. , (2015).

Commonwealth v. Paine

86 Mass. App. Ct. 432 · Massachusetts Appeals Court · Oct 2, 2014

At trial, a laboratory chemist, Jessica Brown, appeared as an expert witness for the Commonwealth. … Commonwealth v. Greco, supra at 297, 299.

Cook v. Hanover Insurance

32 Mass. App. Ct. 555 · Massachusetts Appeals Court · May 22, 1992

Lewis v. Lewis, supra at 630 . See also Brown v. Brown, 381 Mass. 231 (1980). Neither Morgan v. Lalumiere, supra, nor Feltch v. General Rental Co., supra, involved loss of consortium claims against spouses. … See also Brown v. Brown, supra at 233 (immunity should be maintained if tortious conduct “trench [es] remotely upon the privileged or consensual aspects of married life” [citation omitted]).

Commonwealth v. Bell

78 Mass. App. Ct. 135 · Massachusetts Appeals Court · Oct 19, 2010

See Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007); Commonwealth v. An-crum, 65 Mass. App. Ct. 647, 648 (2006). … Brown, 367 Mass. 24, 32-33 (1975). In Brown, the defendants sought to suppress evidence found *140 in a car.

Cameron v. Divirgilio

55 Mass. App. Ct. 24 · Massachusetts Appeals Court · May 30, 2002

On that date, Woglom’s status as a member of the board is unquestioned. In Yaro v. Board of Appeals of Newburyport, 10 Mass. App. … Kay-Vee Realty Co. v.

Cape Cod Gas Co. v. United Steelworkers of America, Local 13507

3 Mass. App. Ct. 258 · Massachusetts Appeals Court · May 14, 1975

The company’s minute dissection of the board’s opinion is adequately answered in Morceau v. … We do not intend to imply that the board interpreted the clause improperly. See Hannan v. Enterprise Publishing Co. 341 Mass. 363, 365 (1960). The court distinguished Torrington Co. v. Metal Prod. Wkrs.