Case law

Painters Local No. 257 v. Johnson Industrial Painting Contractors

16 Mass. App. Ct. 67 · Massachusetts Appeals Court · May 23, 1983

Berman v. Drake Motor Lines, 6 Mass. App. … Sheahan v. School Comm. of Worcester, 359 Mass. 702, 709-711 (1971). Greene v. Mari & Sons Flooring, supra at 562.

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 .

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.

Driscoll v. Worcester Telegram & Gazette

72 Mass. App. Ct. 709 · Massachusetts Appeals Court · Sep 25, 2008

Commn. v. … New Boston Garden Corp. v. Assessors of Boston, 383 Mass. 456, 466 (1981), quoting from Cohen v. Board of Registration in Pharmacy, 350 Mass. 246, 253 (1966).

Turner Fisheries, Inc. v. Seafood Workers Union I.L.A. 1572-2

19 Mass. App. Ct. 925 · Massachusetts Appeals Court · Dec 12, 1984

The Board could sit as a tripartite panel on arbitration matters, or the chairman could designate the neutral member of the Board or appoint a nonmember of the Board to sit and act as a single arbitrator. G. … See Bernstein v. Gramercy Mills, Inc., 16 Mass. App. Ct. 403, 412-413 (1983). Turner contends that a comment by the arbitrator during the hearing showed his bias against it.

Crooker v. Superintendent, Massachusetts Correctional Institution

19 Mass. App. Ct. 315 · Massachusetts Appeals Court · Feb 7, 1985

L. c. 231 A, § 3, and will not dictate to the parole board how it ought to exercise its discretion with respect to Crooker. Compare Woods v. State Bd. of Parole, 351 Mass. 556, 559 (1967), with Henschel v. … Finkelstein v. Board of Registration in Optometry, 370 Mass. 476, 478 (1976). As to the authority of the parole board to establish its guidelines, see G. L. c. 27, § 5(e). See also Henschel v.

American Friends Service Committee v. Commissioner of the Department of Environmental Protection

30 Mass. App. Ct. 457 · Massachusetts Appeals Court · Apr 12, 1991

See Waltham v. Mignosa, 327 Mass. 250, 252 (1951); Moysenko v. Board of Health of N. Andover, 347 Mass. 305, 308 (1964). … Because there was a finding of no harm to the public, the board made no site assignment. Compare Commonwealth v. Rumford Chem. Works, 16 Gray 231 , 233-234 (1860).

Galipault v. Wash Rock Investments, LLC

65 Mass. App. Ct. 73 · Massachusetts Appeals Court · Nov 7, 2005

Sage Co. v. Foley, 12 Mass. App. Ct. at 25-26 . … Keville v. McKeever, 42 Mass. App. Ct. 140, 155-156 (1997), citing Rhode Island Hosp. Trust Natl. Bank v. Burns, 12 Mass. App. Ct. 251, 254 (1981); Fontaine v. Ebtec Corp., 415 Mass. 309, 324 (1993).

Cornell v. Michaud

79 Mass. App. Ct. 607 · Massachusetts Appeals Court · May 31, 2011

Roland argues, for the first time on appeal and relying principally on Gallivan v. Board of Appeals of Wellesley, 71 Mass. App. … Tsagronis v. Board of Appeals of Wareham, 33 Mass. App. Ct. 55, 59 (1992).

Harold Nahigian v. Town of Lexington

32 Mass. App. Ct. 517 · Massachusetts Appeals Court · May 13, 1992

Chira v. Planning Board of Tisbury, 3 Mass. App. … See Lanner v. Board of Appeal of Tewksbury, 348 Mass. 220, 228 (1964).

Sears, Roebuck & Co. v. Commissioner of Revenue

83 Mass. App. Ct. 768 · Massachusetts Appeals Court · Jun 19, 2013

Where, as here, there is no factual dispute, our review of the board’s decision is “limited to questions of law.” Towle v. Commissioner of Rev., 397 Mass. 599, 601 (1986). … Co. 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.

Commonwealth v. Mahan

18 Mass. App. Ct. 738 · Massachusetts Appeals Court · Nov 6, 1984

The foundation requirements for such impeachment evidence are set forth in Commonwealth v. Brown, 11 Mass. App. Ct. 288 , 296-297 *744 (1981). 4 See also Commonwealth v. … See Commonwealth v. Nickerson, 386 Mass. 54, 62 (1982); Commonwealth v. Brown, 11 Mass. App.

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.

Kent v. Commonwealth

52 Mass. App. Ct. 28 · Massachusetts Appeals Court · Jul 6, 2001

Brum v. Dartmouth, King v. Commonwealth, 428 Mass. at 689 . In this case, however, the parole board had the independent power to release MacNeil, and it exercised that power. … See Brum v. Dartmouth, King v. Commonwealth, 428 Mass. at 692-696 , citing Bonnie W. v. Commonwealth, 419 Mass. 122, 125 (1994).

Slater's Case

55 Mass. App. Ct. 326 · Massachusetts Appeals Court · Jun 24, 2002

Cos. v. … Soc’y v. Commissioner of Ins., 402 Mass. 44, 62 (1988), . . . ‘[t]he duty of statutory interpretation is for the courts.’ Cleary v. Cardullo’s, Inc., 347 Mass. 337, 344 (1964).” Police Commr. of Boston v.

Commonwealth v. Bassett

21 Mass. App. Ct. 713 · Massachusetts Appeals Court · Mar 24, 1986

On the evening of July 16, 1984, the victims, a man and a woman, were drinking beer in the woman’s room in a boarding house. The landlady, complaining of too much noise, asked the victims to leave. … In Commonwealth v. Brown, 11 Mass. App.

P.J. Keating Company v. Town of Acushnet

Massachusetts Appeals Court · Apr 12, 2024

See id.; Tracht v. County Comm'rs of Worcester, 318 Mass. 681, 683-685 (1945); Kineen v. Board of Health of Lexington, 214 Mass. 587, 590 (1913); Stone v. Heath, 179 Mass. 385, 387-388 (1901). … Perisho v. Board of Health of Stow, 103 Mass. App. Ct. 593, 600 (2023).

Commonwealth v. Ptomey

26 Mass. App. Ct. 491 · Massachusetts Appeals Court · Oct 17, 1988

See Commonwealth v. Brown, 395 Mass. 604, 606-607 (1985). See also Commonwealth v. Barrows, 391 Mass. 781, 784 (1984). … This, we think, is the main point of the discussion of prejudice in Commonwealth v. Brown, 395 Mass. at 607 .

Commonwealth v. Delarosa

50 Mass. App. Ct. 623 · Massachusetts Appeals Court · Dec 28, 2000

Most clearly, the defendant was seen coming out of that apartment carrying a small brown paper bag just before his arrest. … Commonwealth v. James, 30 Mass. App. Ct. 490, 495 , 496 n.8 (1991), citing as an example Commonwealth v. Brown, 12 Mass. App. Ct. 988 (1981), as well as out-of-State cases. Compare Commonwealth v. Washington, 50 Mass.