Case law

Murphy's Case

53 Mass. App. Ct. 708 · Massachusetts Appeals Court · Feb 4, 2002

Scheffler’s Case, 419 Mass. 251, 255 (1994), quoting from Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 513 (1975). … Cohen v. Board of Water Commrs., Fire Dist. No. 1, S.

Rourke v. Rothman

64 Mass. App. Ct. 599 · Massachusetts Appeals Court · Sep 26, 2005

Ferzoco v. Board of Appeals of Falmouth, 29 Mass. App. Ct. at *605 987 . See Tsagronis v. … Preston v. Board of Appeals of Hull, 51 Mass. App. Ct. 236, 242 (2001), quoting from 1972 House Doc. No. 5009, at 39. See Dowling v. Board of Health of Chilmark, 28 Mass. App. Ct. 547, 551 (1990); Asack v.

DePasquale v. Ogden Suffolk Downs, Inc.

29 Mass. App. Ct. 658 · Massachusetts Appeals Court · Dec 31, 1990

L. c. 93A, § 3, as appearing in St. 1983, c. 242, provides: “Nothing in this chapter shall apply to transactions or actions otherwise permitted under laws as ad *663 ministered by any regulatory board or officer acting under … See Leardi v. Brown, 394 Mass. 151 , 157- *664 162 (1985). For the reasons stated in this opinion, the plaintiff may not recover the winnings of the Twin-Trifecta.

Commonwealth v. Ferreri

30 Mass. App. Ct. 966 · Massachusetts Appeals Court · Jun 12, 1991

As applied to this case, the term “excessive barking” gave the board more than sufficient guidance by which to. carry out the responsibility imposed upon it under § 157. Compare American Dog Owners Assn. v. … From the board’s decision, it appears that twelve witnesses, in addition to the defendant, appeared before the board, gave sworn testimony, and submitted to questioning, apparently by the board. Steven M.

Almeida v. Arruda

89 Mass. App. Ct. 241 · Massachusetts Appeals Court · Mar 18, 2016

Nichols v. Board of Zoning Appeal of Cambridge, 26 Mass. App. Ct. 631, 633 (1988), quoting from Inspector of Bldgs. of Burlington v. Murphy, 320 Mass. 207, 209 (1946). … Blasco v. Board of Appeals of Winchendon, 31 Mass. App. Ct. 32, 39 (1991).

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.

Massachusetts Bread Co. v. Brice

13 Mass. App. Ct. 1053 · Massachusetts Appeals Court · Apr 30, 1982

See Pierce v. Board of Appeals of Carver, 369 Mass. 804, 808 (1976). The summary judgment with respect to Bread’s first complaint must be affirmed. 2. … See McCauley v. Sons Pharmacy, Inc., 3 Mass. App. Ct. 774, 775 (1975); Don Lorenz, *1055 Inc. v. Northampton Natl. Bank, 6 Mass. App. Ct. 933 (1978). Compare Mongeau v. Boutelle, 10 Mass. App.

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.

ANDREW BISIGNANI v. JUSTICES OF THE LYNN DIVISION OF THE DISTRICT COURT DEPARTMENT OF THE TRIAL COURT & another.

100 Mass. App. Ct. 618 · Massachusetts Appeals Court · Jan 14, 2022

[Note 6] Although Bisignani raised the Eighth Amendment issue before the board, the board correctly concluded that it lacked jurisdiction to decide the constitutional question. See Maher v. … See Fordyce v.

Kitras v. Zoning Administrator

70 Mass. App. Ct. 561 · Massachusetts Appeals Court · Oct 25, 2007

See also Vazza v. Board of Appeals of Brockton, 359 Mass. 256, 263-264 (1971) (reciting history of amendments to zoning freeze provision). … Compare Falcone v. Planning Bd. of Stoughton, 14 Mass. App. Ct. at 950 (planning board correctly declined to endorse plan, and hence, zoning freeze would not apply); Krafchuk v.

Vouniseas's Case

3 Mass. App. Ct. 133 · Massachusetts Appeals Court · Mar 21, 1975

Co. v. Woody, 118 Ga. … Pilkanis v. Leesona Corp. 101 R.I. 494 (1966). Contrast Hartlieb v. Workmen’s Compensation Appeal Board, 12 Pa. Commonwealth Ct. Rep. 118 (1974).

Commonwealth v. Hamilton

24 Mass. App. Ct. 290 · Massachusetts Appeals Court · Jun 10, 1987

She informed Officer Ronald Brown that her brother “had lost all of his . . . money on drugs” which he had purchased from someone in room 214 at the Embassy Motel in Malden. 1 Immediately Officer Brown and his partner, Officer … Brown believed that Cronin “had just used a needle.”

DUANE E. GALBI v. ZONING BOARD OF APPEALS OF WAYLAND & Another.

Massachusetts Appeals Court · Apr 10, 2024

See Beacon Residential Mgt., LP v. R.P., 477 Mass. 749, 753 (2017). … Corp. v. Dennis, 11 Mass. App. Ct. 630, 637 (1981).

Ayasli v. Armstrong

56 Mass. App. Ct. 740 · Massachusetts Appeals Court · Dec 18, 2002

(They also filed an appeal from the board decision requiring a special permit.) The board held a hearing on the Ayaslis’ petition on August 24, 1994. … such boards and not applied to private citizens.

Commonwealth v. Fuller

30 Mass. App. Ct. 927 · Massachusetts Appeals Court · Mar 26, 1991

The testimony of Trooper Moore at the suppression hearing was that he “observed a brown paper bag with plastic bags sticking out from from within the brown paper bag on the passenger side floor sticking out from under the … Commonwealth v. Fano, 400 Mass. 296, 306 (1987). Commonwealth v. Ramos, 402 Mass. 209, 211-212 (1988). Commonwealth v. Fudge, 20 Mass. App. Ct. 382, 388 (1985). See also Commonwealth v. De La Cruz, 15 Mass. App.

Duddy v. Mankewich

66 Mass. App. Ct. 789 · Massachusetts Appeals Court · Jul 19, 2006

“In the absence of statutory restriction the general rule is that a majority of a council or board is a quorum and a majority of the quorum can act.” Merrill v. Lowell, 236 Mass. 463, 467 (1920). Clark v. … In McElderry v.

Pavian, Inc. v. Hickey

70 Mass. App. Ct. 477 · Massachusetts Appeals Court · Oct 11, 2007

Relying on Falmouth v. Civil Serv. … Co. of Am. v. Bank of New England-West, N.A., 403 Mass. 473, 474 (1988); Bonfatti v. Zoning Bd. of Appeals of Holliston, 48 Mass. App. Ct. 46, 49 (1999).

A. W. Chesterton Co. v. Commissioner of Revenue

45 Mass. App. Ct. 702 · Massachusetts Appeals Court · Nov 12, 1998

While the board’s decision 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. … The board has been quite consistent as to what it considers reliable evidence of an earlier assessment. In Kent v. State Tax Commn., 1 Mass. Tax Cases par. 200-147 (CCH Mass.

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).

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.