Case law

Wightman v. Superintendent, Massachusetts Correctional Institution

19 Mass. App. Ct. 442 · Massachusetts Appeals Court · Mar 5, 1985

boards. … See Hayes v. Walker, 555 F.2d 625, 631-633 (7th Cir.), cert. denied, 434 U.S. 959 (1977); Chavis v. Rowe, 643 F.2d 1281, 1286-1287 (7th Cir.), cert. denied sub nom. Boles v. Chavis, 454 U.S. 907 (1981). Cf. McCollum v.

Piccuirro v. Gaitenby

20 Mass. App. Ct. 286 · Massachusetts Appeals Court · Jun 28, 1985

See Dinsky v. Framingham, 386 Mass. 801 (1982). He was also serving his own interest as a real estate broker. See McDonough v. Whalen, 365 Mass. 506, 515 (1974). … York v. Sullivan, 369 Mass. 157, 162 (1975). Brandt v. Olympic Construction, Inc., 16 Mass. App. Ct. 913, 915 (1983). Compare Spring v.

Deveau v. Commissioner of Revenue

51 Mass. App. Ct. 420 · Massachusetts Appeals Court · May 2, 2001

Although the board’s ruling is final as to findings of fact, we may “consider whether, as a matter of law, the board’s factual findings are supported by substantial evidence.” Towle v. … Fund v.

Balcam v. Town of Hingham

41 Mass. App. Ct. 260 · Massachusetts Appeals Court · Sep 5, 1996

Corp., 413 Mass, at 448; Norfolk Elec., Inc. v. Fall River Hous. Authy., 417 Mass. 207, 210-211 (1994); Goldlust v. Board of Appeals of N. Andover, 27 Mass. App. Ct 1183, 1184 (1989). … See Board of Appeals of Rockport v. DeCarolis, 32 Mass. App. Ct. 348, 354 (1992). Cf. Carstensen v. Zoning Bd. of Appeals of Cambridge, 11 Mass. App. Ct. 348, 357-358 (1981).

CRAIG H. WELCH & Another v. COMMISSIONER OF REVENUE

Massachusetts Appeals Court · Apr 3, 2025

We view it as a mixed question of fact and law, and accord "some deference" to the board's decision. Boston Professional Hockey Ass'n v. Commissioner of Revenue, 443 Mass. 276, 285 (2005), quoting Koch v. … See Bernier v.

Macero v. MacDonald

73 Mass. App. Ct. 360 · Massachusetts Appeals Court · Dec 18, 2008

Carney v. Springfield, 403 Mass. 604, 605 (1988). The judge in this case was to determine if the board committed error of law that “resulted in manifest injustice to the plaintiff.” Murray v. Second Dist. Ct. of E. … See American Lithuanian Naturalization Club, Athol, Mass., Inc. v. Board of Health of Athol, 446 Mass. 310, 317 (2006).

Commonwealth v. Kapsalis

26 Mass. App. Ct. 448 · Massachusetts Appeals Court · Oct 12, 1988

Commonwealth v. Green, 399 Mass. 565, 566 (1987). … Housing Corp. v.

Danusis v. Longo

48 Mass. App. Ct. 254 · Massachusetts Appeals Court · Nov 23, 1999

DeCotis, 366 Mass. at 238 ; Quinn v. Rent Control Bd. of Peabody, 45 Mass. App. Ct. at 359 n.4) which is in direct conflict with that of the licensing authority, the board of health. See Board of Appeals of Rockport v. … Williams v. Inspector of Bldgs. of Belmont, 341 Mass. 188, 190 (1960); Brady v. Board of Appeals of Westport, 348 Mass. 515, 520 (1965).

Barkin v. Milk Control Commission

8 Mass. App. Ct. 517 · Massachusetts Appeals Court · Oct 29, 1979

See Sullivan v. Committee on Rules, 331 Mass. at 137 . See also Cieri v. Commissioner of Ins., 343 Mass. at 186 . The power to remove a person from a position need not be explicit; it can be implied. Adie v. … See Regan v. Commissioner of Ins., 343 Mass. 202, 206 (1961). At most, the only requirement was that the Retirement Board receive notice from the commission of Barkin’s termination.

Wodinsky v. Kettenbach

86 Mass. App. Ct. 825 · Massachusetts Appeals Court · Jan 6, 2015

Indeed, they pursued the board litigation as part of their strategy to coerce the Wodinskys into selling their home. See Cohen v. Hurley, 20 Mass. App. … Center, Inc. v.

Zuker v. City of Cambridge

29 Mass. App. Ct. 384 · Massachusetts Appeals Court · Oct 16, 1990

Flynn v. Cambridge, 383 Mass. at 159 . … See §§ 72-04 and 75-04(b) of the board’s regulations. Through rent adjustment proceedings, the board may assure that rents do not reflect unreasonable expenditures by landlords. Compare Zussman v.

'Abdullah v. Secretary of Public Safety

42 Mass. App. Ct. 387 · Massachusetts Appeals Court · Mar 28, 1997

(e) Classification Board Recommendation - After the case and inmate presentations to the classification board the Chairperson shall direct the inmate to leave the hearing room so that the board may deliberate. … (f) The Classification Board Summary - At the end of the classification board hearing a written summary of the board’s recommendation to the Superintendent shall be prepared by the Chairperson.

Commonwealth v. Hogan

12 Mass. App. Ct. 646 · Massachusetts Appeals Court · Nov 25, 1981

Commonwealth v. DeVasto, 7 Mass. App. Ct. 363, 366 (1979). Cf. Commonwealth v. Brown, 364 Mass. 471, 479 (1973); Commonwealth v. Curry, 368 Mass. 195, 201 (1975). … Brown, 364 Mass. 471 (1973).

McDonald's Corp. v. Town of East Longmeadow

24 Mass. App. Ct. 904 · Massachusetts Appeals Court · Apr 16, 1987

The only evidence to be considered is evidence which formed the basis of the board’s action — not evidence newly brought before the judge. See Bennett v. Aldermen of Chelsea, 361 Mass. 802, 805-806 (1972); Hershkoff v. … See, e.g., Kidder v.

Curtis v. Commissioner of the Division of Unemployment Assistance

68 Mass. App. Ct. 516 · Massachusetts Appeals Court · Mar 27, 2007

In each case, the board of review (board) declined to hear the employee’s appeal, thereby making the hearing examiner’s decision the final decision of the board. G. L. c. 151 A, § 41(c). See Bleich v. … We defer to the board on issues of credibility and the weight of evidence, see Leone v.

Worcester Vocational Teachers Ass'n v. City of Worcester

13 Mass. App. Ct. 1 · Massachusetts Appeals Court · Jan 5, 1982

Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 513-514 (1975), and cases cited. The Legislature’s purpose in enacting G. L. c. 71, § 3, is unambiguously stated on the face of the statute itself (see Hoffman v. … See School Comm. of Springfield v. Board of Educ., 362 Mass. 417 , 441 n.22 (1972); Amherst-Pelham Regional Sch. Comm. v. Department of Educ., 376 Mass. 480, 491 (1978). See also G. L. c. 15, § 1G; G.

Commonwealth v. Boiselle

16 Mass. App. Ct. 393 · Massachusetts Appeals Court · Jul 26, 1983

O’Neil testified that she could see the robber’s eyes, mouth and eyebrows, and that he had big brown eyes which she would never forget. … He found that the defendant fit the descriptions given by O’Neil, and that the defendant “had unique brown appearing eyes.”

American Venture 594 Corp. v. A. Russo & Sons, Inc.

79 Mass. App. Ct. 770 · Massachusetts Appeals Court · Jul 13, 2011

See Marashlian v. Zoning Bd. of Appeals of Newburyport, 421 Mass. 719, 721 (1996); Chongris v. Board of Appeals of Andover, 17 Mass. App. Ct. 999, 1000 (1984). … Ansara v. Regan, 276 Mass. 586, 589 (1931). See Macheras v. Syrmopoulos, 319 Mass. 485, 486 (1946).

General Electric Co. v. Maurice Callahan & Sons, Inc.

2 Mass. App. Ct. 124 · Massachusetts Appeals Court · Apr 5, 1974

Co. v. C. M. Fauci Co. 309 Mass. 271, 272-273 (1941); Plante v. Louro, 345 Mass. 456, 458 (1963). … John Donnelly & Sons, Inc. v. Outdoor Advertising Board, 361 Mass. 746, 752 (1972).

Massachusetts Broken Stone Co. v. Town of Weston

45 Mass. App. Ct. 748 · Massachusetts Appeals Court · Nov 16, 1998

See, e.g., Long v. Board of Appeals of Falmouth, 32 Mass. App. Ct. 232, 233 (1992); Patelle v. Zoning Bd. of Woburn, [ 20 Mass. App. Ct. 279, 284 (1985)].” Heritage Park, supra at 76 . … Long v. Board of Appeals of Falmouth, supra, is not to the contrary.