Case law

Cachopa v. Town of Stoughton

72 Mass. App. Ct. 657 · Massachusetts Appeals Court · Sep 15, 2008

King v. Driscoll, 418 Mass. 576, 587 (1994) (where defendant board members fired plaintiff “intending to secure more power and monetary benefits for themselves,” there was insufficient evidence of actual malice). … See, e.g., Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982); Duarte v.

Maguire's Case

16 Mass. App. Ct. 337 · Massachusetts Appeals Court · Jul 6, 1983

(Board). … See, e.g., Laines v. Workmen’s Compensation Appeals Bd., 48 Cal. App. 3d 872, 876-878 (1975); Taylor v. Centex Constr. Co., 191 Kan. 130, 135-136 (1963); Charles N. Clark Assocs. v.

Wedgewood v. Director of the Division of Employment Security

25 Mass. App. Ct. 30 · Massachusetts Appeals Court · Nov 3, 1987

This appeal is from a decision of a judge of that court affirming the decision of the board denying benefits. We accept the facts found by the board. … In making that factual determination, the board must consider the presence of any mitigating factors. Garfield v. Director of the Div. of Employment Security, 377 Mass. 94, 97 (1979). Shepherd v.

Commonwealth v. Conway

10 Mass. App. Ct. 738 · Massachusetts Appeals Court · Nov 21, 1980

Commonwealth v. Brown, 354 Mass. 337, 346 (1968). See Spinelli v. United States, 393 U.S. at 416-417 ; Commonwealth v. Genest, 371 Mass. 834, 837-838 (1977). … Brown, supra. Edited by the court in form only, the affidavit in question there read as follows: “Based on information from Det.

Commonwealth v. Geane

51 Mass. App. Ct. 149 · Massachusetts Appeals Court · Mar 13, 2001

In support of its arguments, the Commonwealth cites Commonwealth v. Brown, 4 Mass. 580 (1808), and Commonwealth v. James, 1 Pick. 375 (1823). … In both Brown and James , title to the property converted at all times was vested in someone other than the defendant.

Tofias v. Butler

26 Mass. App. Ct. 89 · Massachusetts Appeals Court · Jun 3, 1988

See also Richardson v. Zoning Board of Appeals of Framingham, 351 Mass. 375, 381 (1966); Building Inspector of Dennis v. Harney, 2 Mass. App. Ct. 584, 585-586 (1974). Cf. Dover Pool & Racquet Club, Inc. v. … See Lapenas v. Zoning Board of Appeals of Brockton, 352 Mass. 530, 532, 533 (1967). Compare Chelmsford v. Byrne, 6 Mass. App.

Berg v. Town of Lexington

68 Mass. App. Ct. 569 · Massachusetts Appeals Court · Apr 6, 2007

Seltzer v. Board of Appeals of Orleans, 24 Mass. App. Ct. 521, 522 (1987). So treated, both parcels are grandfathered under the 1999 zoning law. … LeBlanc v. Board of Appeals of Danvers, 32 Mass. App.

JOHN F. ADAMS v. SUPERINTENDENT, DEPARTMENT OF STATE POLICE & Another

Massachusetts Appeals Court · Jun 27, 2025

Later that morning, the duty status board held the hearing. … See Hoffer v. Board of Registration in Med., 461 Mass. 451 , 454 n.5 (2012); School Comm. of Hatfield 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.

JOHN F. ADAMS v. SUPERINTENDENT, DEPARTMENT OF STATE POLICE & Another

Massachusetts Appeals Court · Jun 27, 2025

Later that morning, the duty status board held the hearing. … See Hoffer v. Board of Registration in Med., 461 Mass. 451 , 454 n.5 (2012); School Comm. of Hatfield v.

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.

W.R. Grace & Co.-Conn. v. Commissioner of Revenue

58 Mass. App. Ct. 469 · Massachusetts Appeals Court · Jul 2, 2003

Recognizing the board’s expertise in tax matters, we give its decision “some deference.” Koch v. Commissioner of Rev., 416 Mass. 540, 555 (1993), quoting from McCarthy v. … Since the board, the commissioner argues, failed to “consider[] . . . the entire record” as it was required to do, New Boston Garden Corp. v.

Caveney v. Caveney

81 Mass. App. Ct. 102 · Massachusetts Appeals Court · Jan 12, 2012

Brown v. Brown, 348 N.J. Super. 466, 474-476 (2002). Applying a marketability discount in light of the husband’s intended, and presumed, acquisition of the Supermarkets unfairly deflated their value.” … Bernier , 449 Mass, at 792, quoting from Brown v. Brown , 348 N.J. Super, at 483. But see Fechtor v. Fechtor, 26 Mass. App. Ct. 859, 862-864 (1989) (a pre-Bernier case).

Charlesbank Restaurant, Inc. v. Alcoholic Beverages Control Commission

12 Mass. App. Ct. 879 · Massachusetts Appeals Court · Jun 12, 1981

If the licensing board had made such findings, the commission could have discharged its obligation under § 11(8) by adopting the findings made by the board, Olde Towne Liquor Store, Inc. v. … Westborough v. Department of Pub. Util., 358 Mass. 716, 717-718 (1971). School Comm. of Chicopee v. Massachusetts Commn. Against Discrimination, 361 Mass. 352, 353-355 (1972).

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.

New Palm Gardens, Inc. v. Alcoholic Beverages Control Commission

15 Mass. App. Ct. 963 · Massachusetts Appeals Court · Mar 21, 1983

Selectmen of Uxbridge v. Alcoholic Beverages Control Commn., 14 Mass. App. Ct. 1306 (1982). … See discussion in Porter v. Treasurer & Collector of Taxes of Worcester, 385 Mass. 335 (1982); Maine v. Thiboutot, 448 U.S. 1, 4-11 (1980). Henry J. Lane, Town Counsel, for Board of Selectmen of Uxbridge. Kenneth H.

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).

Gangell v. New York State Teamsters Council Welfare Trust Fund

6 Mass. App. Ct. 631 · Massachusetts Appeals Court · Oct 19, 1978

Price v. State Capital Life Ins. Co., 261 N.C. 152, 156 (1964). … Co. v. Akens, 150 U.S. 468, 475 (1893). Lewis v. Liberty Indus. Life Ins. Co., 185 La. 590 , 591 (1936). Price v. State Capital Life Ins. Co., supra. McCullough v. Expressman’s Assn. supra at 150-151. Robillard v.

Commonwealth v. Stoddard

74 Mass. App. Ct. 179 · Massachusetts Appeals Court · Apr 30, 2009

See ibid; Commonwealth v. Brown, 51 Mass. App. Ct. 702, 712-713 (2001). … See Commonwealth v. Smithson, 41 Mass. App. Ct. 545, 549 (1996); Commonwealth v. Brown, supra at 709-710 .

Wadsworth's Case

78 Mass. App. Ct. 101 · Massachusetts Appeals Court · Oct 15, 2010

The reviewing board of the DIA (board) disallowed both enhancements. … Randon v. Edstrom, supra at 798 . Conclusion.