Case law

Holt v. City of Boston

24 Mass. App. Ct. 175 · Massachusetts Appeals Court · May 14, 1987

The reasons for clothing the board with a narrowly circumscribed corporate authority are obvious: the endowments and the proceeds of grants and gifts can be and are segregated from other funds of the city (see Boston v. … Rossi, 395 Mass. 659 , 665 n.6 [1985]; Johnson v. Trustees of Health & Hosps. of the City of Boston, 23 Mass. App.

Harris v. Town of Wayland

16 Mass. App. Ct. 583 · Massachusetts Appeals Court · Sep 1, 1983

Muir v. Leominster, 2 Mass. App. Ct. 587, 592 (1974). Compare Bouchard v. Haverhill, 342 Mass. 1 (1961). 2. … District Attorney for the Northwestern Dist. v. Selectmen of Sunderland, 11 Mass. App. Ct. 663, 665 (1981), quoting from FTC v. Flotill Prod., Inc., 389 U.S. 179, 183 (1967). See Clark v.

In re Robert Janocha's Case

93 Mass. App. Ct. 179 · Massachusetts Appeals Court · Nov 2, 2017

Scheffler's Case , 419 Mass. at 255 , 643 N.E.2d 1023 , quoting from Board of Educ. v. Assessor of Worcester , 368 Mass. 511 , 513, 333 N.E.2d 450 (1975). … The board's interpretation of G.

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.

Commonwealth v. DiBenedetto

94 Mass. App. Ct. 682 · Massachusetts Appeals Court · Jan 11, 2019

Commonwealth v. Brown, 367 Mass. 24, 28 (1975). … Brown, 367 Mass. at 28. See Latino v.

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).

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.”

Beatty's Case

84 Mass. App. Ct. 565 · Massachusetts Appeals Court · Nov 26, 2013

Ibid., quoting from Goldberg v. Board of Health of Granby, 444 Mass. 627, 632-633 (2005). … See Goldberg v. Board of Health of Granby , 444 Mass, at 633, quoting from Berrios v. Department of Pub.

Goodwin's Case

82 Mass. App. Ct. 642 · Massachusetts Appeals Court · Oct 15, 2012

Water Dept. of Fairhaven v. Department of Envtl. Protection, 455 Mass. 740, 744 (2010), quoting from Providence & Worcester R.R. v. Energy Facilities Siting Bd., 453 Mass. 135, 142 (2009). … See Commonwealth v. *647 Mandell, 61 Mass. App. Ct. 526, 528 (2004), quoting from Pyle v. School Comm. of S.

Painters District Council No. 35 v. J.A.L. Painting, Inc.

11 Mass. App. Ct. 698 · Massachusetts Appeals Court · Apr 16, 1981

It was sufficient for the board to render its decision in the form of a letter rather than in a more formal memorandum. See Del Bianco & Associates v. Adam, 6 Ill. … Lawrence v. Falzarano, supra at 28-29 .

Saab v. Building Inspector of Lowell

1 Mass. App. Ct. 87 · Massachusetts Appeals Court · Jan 31, 1973

He failed to appeal from the decision of the board granting the variances. Lincoln v. Board of Appeals of Framingham, 346 Mass. 418, 420 . … Zoning Board of Appeals of Newton, 346 Mass. 648 , and Brady v. Board of Appeals of Westport, 348 Mass. 515, 519-523 , and cases cited. Those cases relate to §§ 13 and 16 of G.

Seymour's Case

6 Mass. App. Ct. 935 · Massachusetts Appeals Court · Oct 24, 1978

See also Foreign Auto Import, Inc. v. Renault Northeast, Inc., 367 Mass. 464, 468-470 (1975). However, we conclude that the judge did dispose of the case fully and finally, and that the appeal is therefore a viable one. … ownership and control with another family group), the board was wrong.

Oakham Sand & Gravel Corp. v. Town of Oakham

54 Mass. App. Ct. 80 · Massachusetts Appeals Court · Feb 28, 2002

board.” … Tamerlane Realty Trust v. Board of Appeals of Provincetown, 23 Mass. App. Ct. 450, 453 (1987). See Mass.R.Civ.P. 52(a), as amended, 423 Mass. 1402 (1996).

Forman v. Director of the Office of Medicaid

79 Mass. App. Ct. 218 · Massachusetts Appeals Court · Apr 6, 2011

Haley v. Commissioner of Pub. Welfare, 394 Mass. 466, 467 (1985). … Nonetheless, as the Supreme Judicial Court found in Covell v.

Subcontracting Concepts, Inc. v. Commissioner of the Division of Unemployment Assistance

86 Mass. App. Ct. 644 · Massachusetts Appeals Court · Nov 12, 2014

America, Inc. v. … Athol Daily News v. Board of Review of the Div. of Employment & Training, 439 Mass. 171, 174 (2003).

Whalen v. City of Holyoke

13 Mass. App. Ct. 446 · Massachusetts Appeals Court · Apr 22, 1982

The Holyoke board of aldermen is the equivalent of a city council. Mayor of Holyoke v. Aldermen of Holyoke, 381 Mass. 708, 709 (1980). … Compare Lynch v.

Commonwealth v. Alford

113 N.E.3d 934 · Massachusetts Appeals Court · Nov 14, 2018

Ct. 246 , 248-249 (1999), quoting Commonwealth v. Goodwin , 57 Mass. 154 , 158 (1849). The defendant must present evidence that he was defending his property in order to raise such a defense. See Commonwealth v. … See Brown , supra . Cf. Commonwealth v. Ortega , 480 Mass. 603 , 610 (2018) ("we consider the evidence, from any source, and resolve all reasonable inferences in favor of the defendant"). The evidence was as follows.

DAVID GOLD & Another v. ZONING BOARD OF APPEALS OF RUTLAND & Others.

Massachusetts Appeals Court · May 17, 2024

See Boston v. … In Mendes v. Board of Appeals of Barnstable, 28 Mass. App. Ct. 527, 529-530 (1999), the court held that a use variance was not a nonconforming use within the meaning of G. L. c. 40A, § 6.3 And in Seguin v.

Perry v. Building Inspector of Nantucket

4 Mass. App. Ct. 467 · Massachusetts Appeals Court · Jul 20, 1976

Compare Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, 352-353 (1963); Chafer v. Board of Appeals of Milton, 348 Mass. 237, 244 (1964); Smigliani v. … Compare Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348 (1963), Chater v. Board of Appeals of Milton, 348 Mass. 237, 244 (1964), and Giovannucci v.

Cataldo Ambulance Service, Inc. v. City of Chelsea

43 Mass. App. Ct. 26 · Massachusetts Appeals Court · Jun 23, 1997

Co. v. … Ct. 991, 996 (1988) (selection boards must evaluate competitive bids on “common footing”). We employ the reasoning of the court in Fischbach & Moore, Inc. v. New York City Transit Authy., 79 A.D.2d 14 (N.Y. 1981).