Case law

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.

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.

Greenery Securities Corp. v. Commissioner of Revenue

58 Mass. App. Ct. 70 · Massachusetts Appeals Court · May 9, 2003

See Commonwealth v. … The board properly found that these notes were securities. Acquired and held for investment purposes. In the case before us (and in contrast to the decision of the board in Industrial Fin. Corp. v.

Commonwealth v. Ellis

12 Mass. App. Ct. 476 · Massachusetts Appeals Court · Sep 30, 1981

Brown, J. The defendant appeals from his conviction on a complaint charging possession of a controlled substance with intent to distribute. See G. L. c. 94C, § 32. … Silva, 366 Mass. 402, 405 (1974); Commonwealth v. Ferrara, 376 Mass. 502, 504 (1978); Commonwealth v. Bacon, 381 Mass. 642, 643-644 (1980). See also Brown v. Texas, 443 U.S. 47, 52-53 (1979); Commonwealth v.

Britt v. Rosenberg

40 Mass. App. Ct. 552 · Massachusetts Appeals Court · Jun 7, 1996

Brown, J. … Commonwealth v. McMiller, 29 Mass. App. Ct. 392, 410 (1990) (Brown, J., concurring).

KAREN L. MACNUTT v. ZONING BOARD OF APPEAL OF BOSTON & Others.

Massachusetts Appeals Court · Feb 27, 2024

See Barvenik v. Board of Aldermen of Newton, 33 Mass. App. Ct. 129, 131 (1992). … See Kenner v.

James J. Decoulos v. Board of Registration of Hazardous Waste Site Cleanup Professionals.

Massachusetts Appeals Court · Nov 13, 2024

Because "some leniency is appropriate in determining whether pro se litigants have complied with rules of procedure," Brown v. … D'Amour v. Board of Registration in Dentistry, 409 Mass. 572, 583 (1991), citing Cherubino v.

Commonwealth v. Billard

23 Mass. App. Ct. 1019 · Massachusetts Appeals Court · Mar 31, 1987

The woman was black, five feet seven or eight inches, wearing a long coat and a brown knit hat. … Confirming the legality of both searches is Commonwealth v. Markou, 391 Mass. 27 (1984). See Texas v. White, 423 U.S. 67, 68 (1975); Commonwealth v. Rand, 363 Mass. 554, 558-560 (1973); Commonwealth v. Barnes, 2 Mass.

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.

Garabedian v. Westland

59 Mass. App. Ct. 427 · Massachusetts Appeals Court · Sep 26, 2003

to restrictions that the board established. … Old Colony Council - Boy Scouts of Am. v. Zoning Board of Appeals of Plymouth, 31 Mass. App. Ct. 46, 48 (1991). Cunha v. New Bedford, 47 Mass. App. Ct. 407, 411-412 (1999).

Meyer v. Town of Nantucket

78 Mass. App. Ct. 385 · Massachusetts Appeals Court · Dec 6, 2010

Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842-844 (1984). See Goldberg v. Board of Health of Granby, 444 Mass. 627, 632-633 (2005). … Board of State Examiners of Plumbers, 329 Mass. 664, 665 (1953); Mercado v. Manny’s T.V. & Appliance, Inc., 77 Mass. App.

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.

Utica Mutual Insurance v. Liberty Mutual Insurance

19 Mass. App. Ct. 262 · Massachusetts Appeals Court · Jan 29, 1985

See Sydney v. Commissioner of Corps. & Taxn., 371 Mass. 289, 294 (1976); Boston v. Second Realty Corp., supra at 283-285 & n.5. … See Sutcliffe v. Cawley, 240 Mass. 231, 238-239 (1921). The board is exempt from the provisions of the State Administrative Procedure Act. See G. L. c. 30A, § 1(2).

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).

DePiero v. Burke

70 Mass. App. Ct. 154 · Massachusetts Appeals Court · Sep 18, 2007

Adams v. Whitman, 62 *159 Mass. App. Ct. at 853 , quoting from Fabre v. Walton, 436 Mass. at 520 . … See Adams v. Whitman, 62 Mass. App. Ct. at 858 . See also Donovan v. Gardner, 50 Mass. App. Ct. at 599-601 .

Guardione v. Town of Longmeadow

74 Mass. App. Ct. 118 · Massachusetts Appeals Court · Apr 17, 2009

See APT Asset Mgmt., Inc. v. Board of Appeals of Melrose, 50 Mass. App. … Planning Bd. of Marlborough, 347 Mass. 330, 336 (1964); Vassalotti v. Board of Appeals of Sudbury, 348 Mass. 658, 662 (1965); Gallagher v.

Ninety Six, LLC v. Wareham Fire Dist.

92 Mass. App. Ct. 750 · Massachusetts Appeals Court · Sep 12, 2017

v. … Palitz , 470 Mass. at 807 , 26 N.E.3d 175 , quoting from Cornell v. Board of Appeals of Dracut , 453 Mass. 888 , 892, 906 N.E.2d 334 (2009). See Gates v. Planning Bd. of Dighton , 48 Mass. App.

MARK MARKHAM & others v. PITTSFIELD CELLULAR TELEPHONE COMPANY & others.

101 Mass. App. Ct. 82 · Massachusetts Appeals Court · May 20, 2022

Conservation Comm'n of Norton v. Pesa, 488 Mass. 325 , 330 (2021). See Cellco Partnership v. Peabody, 98 Mass. App. Ct. 496 , 500 (2020). … Id. at 190 , quoting Milton Commons Assocs. v. Board of Appeals of Milton, 14 Mass. App. Ct. 111, 114-115 (1982). As mentioned above, G.

Commonwealth v. Davis

52 Mass. App. Ct. 75 · Massachusetts Appeals Court · Jul 11, 2001

See Dartt v. Browning-Ferris Indus., Inc., 427 Mass. 1, 14 (1998), quoting from Tuttle v. … See also Commonwealth v. DeCicco, 51 Mass. App. Ct. 159, 168 (2001) (Brown, J., dissenting). One last point. We conclude that G.

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.