Case law

Stokes v. Commissioner of Correction

26 Mass. App. Ct. 585 · Massachusetts Appeals Court · Nov 16, 1988

See Jensen v. Satran, 688 F.2d 76, 78 (8th Cir. 1982); Saenz v. Young, 811 F.2d 1172, 1174 (7th Cir. 1987); Culbert v. Young, 834 F.2d 624, 631 (7th Cir. 1987). Contrast Wightman v. Superintendent, Walpole, 19 Mass. … See Langlitz v. Board of Registration of Chiropractors, 396 Mass. 374, 382 (1985); MediCab of Mass. Bay, Inc. v.

Padden v. West Boylston

64 Mass. App. Ct. 120 · Massachusetts Appeals Court · Jul 26, 2005

Druzik v. Board of Health of Haverhill, 324 Mass. 129, 138 (1949). … Tri-Nel Mgmt., Inc. v. Board of Health of Barnstable, supra at 220.

Commonwealth v. Markham

10 Mass. App. Ct. 651 · Massachusetts Appeals Court · Oct 29, 1980

Commonwealth v. DeChristoforo, 360 Mass. at 542-543 . Commonwealth v. Brown, 378 Mass. at 171 . … Commonwealth v. Bernier, 359 Mass. 13, 16 (1971). Commonwealth v. Brown, 378 Mass. at 172 . We conclude that the judge applied the correct standard and analyzed the potential impact of the new evidence conscientiously.

Building Inspector of Mansfield v. Curvin

22 Mass. App. Ct. 401 · Massachusetts Appeals Court · Jun 20, 1986

Board of Health of Canton, 332 Mass. 721 (1955, board of health regulation prohibiting piggeries); Board of Health of Woburn v. … Sousa, 338 Mass. 547 (1959, board of health regulation requiring permit for the keeping of swine); Board of Health of Franklin v. Hass, 342 Mass. 421 (1961, board of health regulation forbidding piggeries); Pendoley v.

CHARLES D. BONANNO, Trustee, & Another v. ZONING BOARD OF APPEALS OF GLOUCESTER & Others.

Massachusetts Appeals Court · Feb 4, 2026

v. Planning Bd. of Cambridge, 27 Mass. App. Ct. 491, 495 (1989) (general civic interest in enforcement of zoning laws is not enough to confer standing); Murray v. Board of Appeals of Barnstable, 22 Mass. App. … Wendy's Old Fashioned Hamburgers of N.Y., Inc. v. Board of Appeal of 9 Billerica, 454 Mass. 374, 384 (2009).

Bernstein v. Chief Building Inspector & Building Commissioner of Falmouth

52 Mass. App. Ct. 422 · Massachusetts Appeals Court · Aug 31, 2001

Board of Appeal of Boston, 426 Mass. 485 , 488 & n.6 (1998) (allowing neighboring unit owners independently to seek and appeal variances). See also McEneaney v. Chestnut Hill Realty Corp., 38 Mass. App. … Lopes v. Board of Appeals of Fairhaven, 27 Mass. App. Ct. 754, 756 (1989), quoting from Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555, 557 (1954). Additionally, in Hunters Brook Realty Corp. v.

KATHLEEN A. FISHER v. PRESTI FAMILY LIMITED PARTNERSHIP & another (and a consolidated case ).

100 Mass. App. Ct. 234 · Massachusetts Appeals Court · Sep 16, 2021

[Note 13] Relying on Pepin v. … See Connors v.

Bolduc's Case

84 Mass. App. Ct. 583 · Massachusetts Appeals Court · Dec 4, 2013

The board’s construction of its own statute is reasonable, and we defer to it. See Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 515-516 (1975). … Paul Cos. v. TIG Premier Ins. Co., 58 Mass. App. Ct. 650, 656 (2003). 2. Equitable powers of the board. Travelers points out that the procedure under G.

Commonwealth v. Ferreira

90 Mass. App. Ct. 491 · Massachusetts Appeals Court · Oct 14, 2016

See Ashe v. Swenson, 397 U.S. 436 (1970); Commonwealth v. Benson, 389 Mass. 473 (1983). See also G. L.  2 c. 263, § 7; Commonwealth v. … Commonwealth v. Coleman, 20 Mass. App.

Samson v. San-Land Development Corp.

17 Mass. App. Ct. 977 · Massachusetts Appeals Court · Jan 19, 1984

. *979 Corp. v. Board of Appeals of Gloucester, 371 Mass. 19, 21-23 (1976). … Corp. v. Board of Appeals of Gloucester, supra at 23; M. DeMatteo Constr. Co. v. Board of Appeals of Hingham, 3 Mass. App.

Taylor's Case

44 Mass. App. Ct. 495 · Massachusetts Appeals Court · Apr 2, 1998

The relief granted was not “necessary and incidental to the full exercise of the [board’s] powers.” Levangie’s Case, supra. Nor was it “necessary to dispose completely of the claim.” Utica Mutual Ins. Co. v. … Reading § 35B in harmony with the other sections of c. 152, as we must, see Green v.

Commonwealth v. Connors

95 Mass. App. Ct. 46 · Massachusetts Appeals Court · Mar 11, 2019

Commonwealth v. Flebotte, 417 Mass. 348, 353 (1994) (defining prejudicial error).9 3. Application of Commonwealth v. Brown.10 Relying on Commonwealth v. … Consequently, Brown has no application here. Judgments affirmed. Erazo's counsel advances this argument pursuant to 10 Commonwealth v.

Commonwealth v. Lamont L.

54 Mass. App. Ct. 748 · Massachusetts Appeals Court · May 16, 2002

Then, as Brown exited his cruiser, he observed Townsend staggering on the sidewalk. … Compare Commonwealth v.

Schussel v. Commissioner of Revenue

86 Mass. App. Ct. 419 · Massachusetts Appeals Court · Sep 30, 2014

See Koch, 416 Mass. at 555, quoting from McCarthy v. Commissioner of Rev., 391 Mass. at 632 (board entitled to "some deference"). See also Xtra, Inc. v. … See Bolster v.

Commonwealth v. Semegen

72 Mass. App. Ct. 478 · Massachusetts Appeals Court · Aug 29, 2008

See Commonwealth v. Brown, 431 Mass. 772, 775-777 (2000) (discussing earlier version of home invasion statute, G. … See Commonwealth v. Brown, supra at 776-777 (low end of sentencing range in statutes that prescribe a penalty expressed in terms of a range is “mandatory minimum sentence,” not the minimum term of imprisonment).

Lyons v. Labor Relations Commission

19 Mass. App. Ct. 562 · Massachusetts Appeals Court · Apr 1, 1985

Robinson v. … See also Pickett v. Brown, 462 U.S. 1, 9 (1983).

Cavanaugh v. DiFlumera

9 Mass. App. Ct. 396 · Massachusetts Appeals Court · Mar 19, 1980

Blackman v. Board of Appeals of Barnstable, 334 Mass. 446, 450 (1956). Atherton v. Board of Appeals of Bourne, 334 Mass. 451, 454 (1956). … Board of Appeal of Cambridge, supra at 529-532; Dion v. Board of Appeals of Wal-tham, supra at 550-552; and Sherman v.

Commonwealth v. Lee

10 Mass. App. Ct. 518 · Massachusetts Appeals Court · Sep 17, 1980

Peering through the windshield, the officers observed a long brown box under a bunk bed in the left section of the van. (See Commonwealth v. Haefeli, 361 Mass. 271, 280 [1972], habeas corpus granted sub nom. Haefeli v. … wooden stock with a clip coming from the bottom, that he saw them put this gun into a brown box.

Fabiano v. Boston Redevelopment Authority

49 Mass. App. Ct. 66 · Massachusetts Appeals Court · Mar 30, 2000

The BRA also serves as the planning board for Boston.” St. Botolph Citizens Comm., Inc. v. Boston Redev. Authy., 429 Mass. 1, 3 (1999). … In Durkin v. Board of Appeals of Falmouth, 21 Mass. App.

RCN BECOCOM LLC v. COMMISSIONER OF REVENUE & others.

100 Mass. App. Ct. 802 · Massachusetts Appeals Court · Apr 1, 2022

McKenney v. … See generally Goldberg v. Board of Health of Granby, 444 Mass. 627, 633 (2005), quoting Nuclear Metals, Inc. v. Low-Level Radioactive Waste Mgt.