Case law

Carter v. Commissioner of Correction

43 Mass. App. Ct. 212 · Massachusetts Appeals Court · Jul 24, 1997

Smith v. Mitre Corp., 949 F. Supp. 943, 948 (D. Mass. 1997). See Gupta v. East Tex. State Univ., 654 F.2d 411, 413-414 (5th Cir. 1981); Brown v. Hartshorne Pub. Sch. Dist. … Regs. § 103(5)(a) (1986), see Brown v. Hartshorne Pub. Sch. Dist. No. 1, 864 F.2d at 682 , establishes the overlap required for a finding of a serial continuing violation. See Berry v. Board of Supervisors of La.

Stepan Chemical Co. v. Town of Wilmington

8 Mass. App. Ct. 880 · Massachusetts Appeals Court · Jul 13, 1979

This is an action against the town of Wilmington (town), its board of water and sewer commissioners (board), its board of assessors (assessors), and its town collector (collector), seeking to have declared void a "sewer betterment … Wright v. Boston, 9 Cush. 233 , 237 (1852).

Commonwealth v. Hill

15 Mass. App. Ct. 93 · Massachusetts Appeals Court · Jan 6, 1983

Brown, J. The defendant was found guilty by a jury of six in the Municipal Court of the City of Boston of carrying a firearm under his control in a motor vehicle without authority. See G. L. c. 269, § 10 (a). … Ct. 547, 549 (1981) (victim of armed robbery described getaway vehicle and brown purse containing weapon which later was found in plain view by police officers).

Mobil Oil Corp. v. Roumeliotis

38 Mass. App. Ct. 245 · Massachusetts Appeals Court · Mar 16, 1995

Cannon v. Crowley, 318 Mass. 373, 375 (1945). … Tindall v. Denholm & McKay Co., 347 Mass. 100, *251 105 (1964). See Poirier v. Plymouth, 374 Mass. 206, 218 (1978).

Adams v. Brolly

46 Mass. App. Ct. 1 · Massachusetts Appeals Court · Dec 3, 1998

Feldman v. Board of Appeal of Boston, 29 Mass. App. Ct. 296, 297 (1990). … Board of Appeals of Wareham, 415 Mass. 329 (1993); Arrigo v. Planning Bd. of Franklin, 12 Mass. App. Ct. 802 (1981); Guiragossian v. Board of Appeals of Watertown, 21 Mass. App. Ct. 111, 116 (1985); Karet v.

Town of Uxbridge v. Griff

68 Mass. App. Ct. 174 · Massachusetts Appeals Court · Feb 6, 2007

See Pierce v. Board of Appeals of Carver, 369 Mass. 804, 808 (1976); Twomey v. Board of Appeals of Medford, 7 Mass. App. Ct. 770, 772, 773 (1979). The issues addressed in those cases related to other procedural lapses. … Resources, Inc. v. Coulouras, 30 Mass. App. Ct. 140, 147 (1991). See also Salah v. Board of Appeals of Canton, 2 Mass. App.

Victoria, Inc. v. Alcoholic Beverages Control Commission

33 Mass. App. Ct. 507 · Massachusetts Appeals Court · Nov 10, 1992

See Bolster v. Commissioner of Corps. & Taxn., 319 Mass. 81, 86 (1946); School Comm, of Springfield v. Board of Educ., 362 Mass. 417 , 441 n.22 (1972). … Based upon a board’s responsibility to its community and the broad authority of the commission, see Selectmen of Barnstable v. Alcoholic Bevs.

MacDonald's Case

73 Mass. App. Ct. 657 · Massachusetts Appeals Court · Feb 9, 2009

(insurer) appeals from a decision of the reviewing board of the Department of Industrial Accidents (board) affirming the decision of an administrative judge that awarded total and partial disability worker’s compensation … See Castillo v. Cavicchio Greenhouses, Inc., 66 Mass. App. Ct. 218, 220-221 (2006).

Puorro v. Commonwealth

59 Mass. App. Ct. 61 · Massachusetts Appeals Court · Aug 26, 2003

Wilczewski v. Commissioner of the Dept. of Envtl. Quality Engr., 404 Mass. 787, 792 (1989), quoting from Gill v. Board of Registration of Psychologists, 399 Mass. 724, 726 (1987). … The subject matter was wholly within the scope of the personnel board’s authority, and the constitutionality of the Legislature’s delegation to that agency is not at issue. See Wilczewski v.

Martignetti Grocery Co. v. Alcoholic Beverages Control Commission

Massachusetts Appeals Court · Dec 17, 2019

See, e.g., Casseus v. … v.

T & D Video, Inc. v. City of Revere

66 Mass. App. Ct. 461 · Massachusetts Appeals Court · Jun 8, 2006

See Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir. 1980); Lewis v. Kendrick, 944 F.2d 949, 958 (1st *476 Cir. 1991); Fair Hous. Council v. Landow, 999 F.2d 92 , 96 (4th Cir. 1993); Scham v. District Cts. … Heyman, 888 F.2d 1328, 1330-1331 (11th Cir. 1989) (applying independent review to District Court judgment that restriction on speech was unconstitutional); Brown v.

Watros v. Greater Lynn Mental Health & Retardation Ass'n

37 Mass. App. Ct. 657 · Massachusetts Appeals Court · Nov 22, 1994

Barvenik v. Board of Aldermen of Newton, 33 Mass. App. Ct. 129, 131-133 (1992) (footnotes omitted). These principles have been reiterated, in a summary judgment context, in Cohen v. … See also Lujan v.

Rivas v. Chelsea Housing Authority

80 Mass. App. Ct. 294 · Massachusetts Appeals Court · Aug 31, 2011

See RicMer Properties, Inc. v. Board of Health of Revere, 59 Mass. App. Ct. 173, 179 (2003). … To the same effect is the remaining authority cited by the dissent, RicMer Properties, Inc. v. Board of Health of Revere, 59 Mass. App.

Commonwealth v. Farmer

5 Mass. App. Ct. 871 · Massachusetts Appeals Court · Oct 7, 1977

See Commonwealth v. Blackburn, 354 Mass. 200, 201-202, 203 (1968); Commonwealth v. Brown, 354 Mass. 337, 342 (1968); Commonwealth v. Breen, 357 Mass. 441, 442-446 (1970); Commonwealth v. … Jackson, 359 Mass. 759 (1971); Commonwealth v. Blow, 362 Mass. 196, 197-199 (1972); Commonwealth v. Brown, 367 Mass. 24, 32-33 (1975); Commonwealth v. Henley, 1 Mass. App. Ct. 564, 568 (1973). 2.

Johnson's Case

69 Mass. App. Ct. 834 · Massachusetts Appeals Court · Aug 24, 2007

L. c. 152, § 50, as self-operative, see Drumm v. Viole Florist, 16 Mass. Workers’ Comp. … In reaching this result, the reviewing board relied on Megazzini v. Bell Atl., 19 Mass. Workers’ Comp. Rep. 167 (2005), which had not been decided at the time the December 13, 2004, decision was issued.

Commonwealth v. Resende

113 N.E.3d 347 · Massachusetts Appeals Court · Oct 5, 2018

L. c. 269, § 10 ( n ), set forth in Commonwealth v. Brown , 479 Mass. 600 , 97 N.E.3d 349 (2018), decided while this appeal was pending. … The circumstantial evidence in the case before us distinguishes this case from Brown. It is settled that in a criminal case, the evidence may be entirely or principally circumstantial. See Commonwealth v.

New York Times Sales, Inc. v. Commissioner of Revenue

40 Mass. App. Ct. 749 · Massachusetts Appeals Court · Jul 19, 1996

We begin our analysis by recognizing that “[a] decision of the board will not be reversed or modified if it is based on substantial evidence and on a correct application of the law.” Koch v. … from McCarthy v.

Commonwealth v. Dupont

2 Mass. App. Ct. 566 · Massachusetts Appeals Court · Oct 4, 1974

Liberto, seeing a knife handle and part of a blade showing on the floor board of the driver’s side of the car, took possession of the knife, and placed the defendants under arrest for “possession of a dangerous weapon and … Hidden in a well behind the right headlight assembly he found a pillow case which contained brown money bags, a green money bag with Iandoli written across it, and loose currency.

Fidelity & Deposit Co. of Maryland v. Sproules

60 Mass. App. Ct. 93 · Massachusetts Appeals Court · Dec 2, 2003

Collates v. Boston Retirement Bd., 396 Mass. 684, 687-688 (1986). … See Gaffney v. Contributory Retirement Appeal Bd., 423 Mass, at 5.

Building Commissioner v. Dispatch Communications of New England, Inc.

48 Mass. App. Ct. 709 · Massachusetts Appeals Court · Mar 9, 2000

[is not] unreasonable, whimsical, capricious or arbitrary.’ ” Golden v. Board of Selectmen of Falmouth, 358 Mass. 519, 523 (1970), quoting from MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 639 (1970). … The board rejected this argument. Citing Carnie v.