Case law

Opinions from 1658 to today.

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  • Averett v. Commissioner of Correction

    25 Mass. App. Ct. 280 · Massachusetts Appeals Court · Jan 15, 1988

    Hearings were held before the disciplinary board (the board) after which the board recommended, and the commissioner approved, the loss of 200 days of earned good time for both the petitioners. … See generally Wolff v. McDonnell, 418 U.S. 539, 563-567 (1974). The petitioners also contend, but without vigor, that the board acted without sufficient evidence before it.

    Reversed on other grounds by Averett, 404 Mass. 28 (1989)Cited 8 timesPublished
  • 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).

    Cited 7 timesPublished
  • 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.

    Cited 3 timesPublished
  • 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).

    Cited 34 timesPublished
  • Cornetta's Case

    68 Mass. App. Ct. 107 · Massachusetts Appeals Court · Jan 25, 2007

    Hanlon v. Rollins, 286 Mass. 444, 447 (1934). … However, as the board concluded nearly ten years ago in its decision in Cirignano v. Globe Nickle Plating, 11 Mass. Workers’ Comp.

    Cited 9 timesPublished
  • VIRGINIA C. MUSKER v. ZONING BOARD OF APPEALS OF BILLERICA & Another.

    Massachusetts Appeals Court · Oct 31, 2023

    Id., quoting Marinelli v. Board of Appeals of Stoughton, 440 Mass. 255, 258 (2003). … See Standerwick v.

    Cited 0 timesUnpublished
  • McLellan v. ACTING SUPERINTENDENT, MASS.

    29 Mass. App. Ct. 122 · Massachusetts Appeals Court · Aug 13, 1990

    report and the plaintiff’s silence, the board’s decision was in violation of both the department’s regulations and the requirements of due process set forth in Wolff v. … See McLellan v.

    Cited 9 timesPublished
  • Commonwealth v. Sowell

    22 Mass. App. Ct. 959 · Massachusetts Appeals Court · Jul 7, 1986

    See Commonwealth v. Freeman, 352 Mass. 556, 563-564 (1967); Commonwealth v. Brown, 394 Mass. 510, 516 (1985). (a) Jomf venture. … See Commonwealth v. LeBlanc, 373 Mass. 478,491 (1977); Commonwealth v. Brown, 387 Mass. 220, 227 (1982).

    Cited 7 timesPublished
  • 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.

    Cited 2 timesPublished
  • O'Dea v. J.A.L., Inc.

    30 Mass. App. Ct. 449 · Massachusetts Appeals Court · Apr 12, 1991

    Brown v. Leighton, 385 Mass. 757, 761 (1982). This purpose strongly suggests that the remedy be immediate and not subject to delayed decisions by employers or their insurers. Cf. Frost v. David C. Wells Ins. … E.g., Lubben v. Selective Serv. Sys., 453 F.2d 645, 649 (1st Cir. 1972); Marshall v. Board of Educ., 575 F.2d 417 , 423 (3d Cir. 1978), quoting from Chicot County Drainage Dist. v.

    Cited 34 timesPublished
  • Rufo v. Wash. Oak Square Ltd.

    92 Mass. App. Ct. 1110 · Massachusetts Appeals Court · Oct 24, 2017

    Ct. 737 , 739 (2016), quoting from Josephs v. Board of Appeals of Brookline , 362 Mass. 290 , 295 (1972) (considering appeal under G. L. c. 40A, § 17 ). … McGee v. Board of Appeal of Boston , 62 Mass. App. Ct. 930 , 930 (2004). See 311 W. Broadway LLC v. Board of Appeal of Boston , 90 Mass. App. Ct. 68 , 73 (2016).

    Cited 0 timesPublished
  • STEVEN E. STONE, Trustee, & Another v. ZONING BOARD OF APPEALS OF NORTHBOROUGH & Another.

    Massachusetts Appeals Court · Sep 25, 2024

    Standerwick v. Zoning Bd. of Appeals of Andover, 447 Mass. 20, 33 (2006), quoting Barvenik v. Aldermen of Newton, 33 Mass. App. Ct. 129, 132 (1992). … They cite Murchison v.

    Cited 0 timesUnpublished
  • 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.

    Cited 2 timesPublished
  • Schiffenhaus v. Kline

    79 Mass. App. Ct. 600 · Massachusetts Appeals Court · May 26, 2011

    Planning Bd. of Reading v. Board of Appeals of Reading, 333 Mass. 657, 660 (1956). … We note as well that the judge properly applied the holdings of Bransford v. Board of Appeals of Edgartown, 444 Mass, at 832, and Bjorklund v.

    Cited 5 timesPublished
  • Ehrlich v. Phase Forward Inc.

    80 Mass. App. Ct. 671 · Massachusetts Appeals Court · Oct 21, 2011

    Paramount Communications Inc. v. QVC Network Inc., supra at 44-46, and cases cited. “Nevertheless, there is no single blueprint that a board must follow to fulfill its duties.” Barkan v. … is obligated ‘to *682 disclose fully and fairly all material information within the board’s control.’ ” Malpiede v.

    Cited 1 timesPublished
  • K. Hovnanian at Taunton, Inc. v. City of Taunton

    37 Mass. App. Ct. 639 · Massachusetts Appeals Court · Nov 21, 1994

    Bally v. Northeastern Univ., 403 Mass. 713, 717 (1989). See also Rosenfeld v. Board of Health of Chilmark, 27 Mass. App. Ct. 621, 626 (1989). … Rosenfeld v. Board of Health of Chilmark, supra at 627-628.

    Cited 11 timesPublished
  • Adams v. Liberty Mutual Insurance

    60 Mass. App. Ct. 55 · Massachusetts Appeals Court · Nov 20, 2003

    chiropractic should be reinstated.” 9 Shortly before the board of registration’s severe sanction, in May, 1996, Adams’s administrative appeal had been rebuffed by the DIA reviewing board (reviewing board), which affirmed … of registration, the reviewing board, and the courts.

    Cited 11 timesPublished
  • Commonwealth v. Becker

    71 Mass. App. Ct. 81 · Massachusetts Appeals Court · Jan 25, 2008

    All sex offenders must participate in the board’s initial, prehearing registration process. See Roe v. Attorney Gen., 434 Mass. 418, 424 (2001). … No. 7468; John Doe, Sex Offender Registry Board No. 21788; John Doe, Sex Offender Registry Board No. 122905; and John Doe, Sex Offender Registry Board No. 151564.

    Cited 15 timesPublished
  • Chirillo v. Commissioner of Revenue

    25 Mass. App. Ct. 98 · Massachusetts Appeals Court · Nov 27, 1987

    Assessors of Lynn v. Zayre Corp., 364 Mass. 335, 338-339 (1973). Martin v. State Tax Commn., 366 Mass. 850 (1975). Palladino v. Assessors of Braintree, 373 Mass. 665, 669 (1977). … Assessors of Norwood v. Barton, 384 Mass. 699, 701 (1981). The legal basis of the board’s decision is clear.

    Cited 3 timesPublished
  • Hertz Corp. v. Acting Director of Division of Employment & Training

    52 Mass. App. Ct. 461 · Massachusetts Appeals Court · Sep 5, 2001

    Boguszewski v. … Adomaitis v. Director of the Div. of Employment Security, 334 Mass. 520, 524 (1956). General Electric Co. v. Director of the Div. of Employment Security, 349 Mass. 358, 361, 363 (1965).

    Cited 1 timesPublished

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