Case law

TROPICAL FAY'S - II, LLC, & Another v. ZONING BOARD OF APPEAL OF BOSTON & Another.

Massachusetts Appeals Court · Jul 29, 2025

"Section 11 of the [Boston zoning] enabling act confers standing on '[a]ny person aggrieved by a decision' of the board of appeal." Epstein v. Board of Appeal of Boston, 77 Mass. App. Ct. 752, 756 (2010). … Porter v. Board of Appeal of Boston, 99 Mass. App. Ct. 240, 241 (2021). "A plaintiff who is an abutter to the property in question enjoys a presumption that he or she is a 'person aggrieved.'" Picard v.

DiGregorio v. Registrar of Motor Vehicles

78 Mass. App. Ct. 775 · Massachusetts Appeals Court · Feb 17, 2011

See Breslin v. Board of Appeal on Motor Vehicle Liability Policies & Bonds, 70 Mass. App. Ct. 131, 134 (2007). … Co. v. Energy Facilities Siting Bd., 453 Mass. 135, 142 (2009), quoting from White v. Boston, 428 Mass. 250, 253 (1998).

COLYNE GERMAIN v. KELLY A. GOODNEY GERMAIN & Others.

Massachusetts Appeals Court · May 8, 2026

Colyne filed a second amended equity complaint against Kelly, the Worcester Retirement Board (board), and the city alleging unjust enrichment and seeking declaratory relief. … See Browning-Ferris Indus., Inc. v. Casella Waste Mgt. of Mass., Inc., 79 Mass. App.

ROBERT D. FRATUS, JR. v. TOWN OF HARWICH & others.

100 Mass. App. Ct. 27 · Massachusetts Appeals Court · Jul 13, 2021

See RCA Dev., Inc. v. Zoning Bd. of Appeals of Brockton, 482 Mass. 156 , 160–161 (2019), quoting Commonwealth v. … Sturdy, supra, quoting Green v. Wilmington, 339 Mass. 142, 144 (1959), and MacDonald v. Boston, 318 Mass. 618, 619 (1945).

King v. Shank

92 Mass. App. Ct. 837 · Massachusetts Appeals Court · Mar 2, 2018

Commonwealth v. Mass. CRINC, 392 Mass. 79, 89 (1984). See Tri–Nel Mgt., Inc. v. Board of Health of Barnstable, supra. … See Mieczkowski v. Board of Registrars of Hadley, 53 Mass. App.

Sewall-Marshal Condominium Assoc. v. 131 Sewall Ave. Condominium Assoc.

89 Mass. App. Ct. 130 · Massachusetts Appeals Court · Mar 1, 2016

Tosney v. … Barclay v.

Curcio v. Russo

3 Mass. App. Ct. 730 · Massachusetts Appeals Court · Apr 3, 1975

Shaughnessy v. Board of Appeals of Lexington, 357 Mass. 9, 13 (1970). … Board of Appeals of Watertown, 351 Mass. 702 [1966]) or to *731 have sought leave to file such an affidavit late (see Bearce v. Zoning Bd. of Appeals of Brockton, 351 Mass. 316, 320-321 [1966] and McLaughlin v.

York Ford, Inc. v. Building Inspector & Zoning Administrator

38 Mass. App. Ct. 938 · Massachusetts Appeals Court · Mar 23, 1995

See, e.g., Halpern v. Schwartz, 426 F.2d at 105-106 ; American Tel. & Tel. v. FCC, 602 F.2d 401 , 409 n.48 (D.C. Cir. 1979); Hicks v. … review.’ ” Girard v.

Commonwealth v. Roxbury Charter High Public School

69 Mass. App. Ct. 49 · Massachusetts Appeals Court · May 14, 2007

See Sinnott v. Boston Retirement Bd., 402 Mass. 581, 585-586 , cert. denied sub nom. Sinnott v. Radin, 488 U.S. 980 (1988); Manfrates v. Lawrence Plaza Ltd. … Compare Aspinall v.

MacDonnell's Case

82 Mass. App. Ct. 196 · Massachusetts Appeals Court · Jul 19, 2012

Commonwealth v. Durling, 407 Mass. 108, 111 (1990). … Commonwealth v. Speight, 59 Mass. App. Ct. 28, 32 (2003).

Building Inspector v. Kendrick

17 Mass. App. Ct. 928 · Massachusetts Appeals Court · Dec 1, 1983

Even findings by a zoning board, however, have no evidentiary weight. See Devine v. Zoning Bd. of Appeals of Lynn, 322 Mass. 319, 321 (1955); Dion v. Board of Appeals of Waltham, 344 Mass. 547, 555 (1962). … See also Lawrence v. Board of Appeals of Lynn, 366 Mass. 87 , 89 (1957).

Neuhaus v. Building Inspector of Marlborough

11 Mass. App. Ct. 230 · Massachusetts Appeals Court · Jan 26, 1981

See Dresser v. Inspector of Bldgs. of Southbridge, 348 Mass. 729, 731 (1965); Woods v. … Attleborough, 353 Mass. 671, 674 (1968); Crawford v. Building Inspector of Barnstable, 356 Mass. 174, 180 (1969). Contrast Stow v. Pugsley, 349 Mass. 329, 331, 335 (1965); Hallenborg v.

Boston Bicycle Couriers, Inc. v. Deputy Director of the Division of Employment & Training

56 Mass. App. Ct. 473 · Massachusetts Appeals Court · Nov 18, 2002

, the court must affirm the board.” … Co. v. Darden, 503 U.S. 318 (1992), and Speen v.

Plante v. Wylie

63 Mass. App. Ct. 151 · Massachusetts Appeals Court · Mar 11, 2005

In the recent decision of Kobrin v. … See Kobrin v. Gastfriend, 443 Mass. at 338-340 , explaining Baker v. Parsons, 434 Mass. 543 (2001).

Commonwealth v. Avalo

37 Mass. App. Ct. 904 · Massachusetts Appeals Court · Jul 28, 1994

Brown, 31 Mass. App. Ct. 574, 577 (1991), quoting from Commonwealth v. Robinson, 403 Mass. at 165 . The Commonwealth relies on Draper v. … Commonwealth v. Brown, supra at 578 .

Vokes v. Avery W. Lovell, Inc.

18 Mass. App. Ct. 471 · Massachusetts Appeals Court · Aug 17, 1984

See Kolodny v. Board of Appeals of Brookline, 346 Mass. 285 (1963). 15 *481 It was recognized, however, in Brady v. … Board of Appeals of Reading, 333 Mass. 657, 660 (1956); Simeone Stone Corp. v. Board of Appeals of Bourne, 345 Mass. 188, 192-193 (1962); Bowes v.

Marr v. Back Bay Architectural Commission

23 Mass. App. Ct. 679 · Massachusetts Appeals Court · Mar 25, 1987

Board of Appeals of Barnstable, 331 Mass. 555, 556-558 (1954); Gulf Oil Corp. v. Board of Appeals of Framingham, 355 Mass. 275, 277-278 (1969); Caruso v. Pastan, 1 Mass. App. … Compare Ferrante v. Board of Appeals of Northampton, 345 Mass. 158, 161 (1962); Raia v. Board of Appeals of No. Reading, 4 Mass. App. Ct. 318, 321-322 (1976). 6.

Care and Protection of Vick

89 Mass. App. Ct. 704 · Massachusetts Appeals Court · Jul 13, 2016

visit to the Brockton home on March 18, 2014, a Juvenile Court probation officer found the home to be in a "deplorable" condition, with dirty rugs and refrigerator, a blackened stove, and a toilet that was dirty with brown … At a second visit, the mail was again piled up, snow had not been shoveled, and a window was boarded up.

O'Connell v. Vainisi

82 Mass. App. Ct. 688 · Massachusetts Appeals Court · Oct 22, 2012

Ibid., citing Sheppard v. Tuning Bd. of Appeal of Boston, 74 Mass. App. Ct. 8, 11-12 (2009), S.C., 81 Mass. App. Ct. 394 (2012). See Dwyer v. Gallo, 73 Mass. App. … In the first instance, it is up to the board to give meaning to the zoning by-law it administers, with reviewing courts giving deference to the board’s interpretation so long as it is reasonable. See, e.g., Glidden v.

J & R Investment, Inc. v. City Clerk

28 Mass. App. Ct. 1 · Massachusetts Appeals Court · Nov 2, 1989

Soc. of Graduate Physical Therapists, Inc. v. Board of Registration in Medicine, 330 Mass. 601, 605-606 (1953). … Corp. v. Gloucester, 371 Mass. 19, 20, 24 (1976); Samson v. San-Land Dev. Corp., 17 Mass. App. Ct. 977, 978 (1984).