Case law

Lumbermens Mutual Casualty Co. v. Workers' Compensation Trust Fund

88 Mass. App. Ct. 183 · Massachusetts Appeals Court · Sep 3, 2015

Lockhart v. Attorney Gen., 390 Mass. 780, 783 (1984), quoting from Wolf v. Commissioner of Pub. Welfare, 367 Mass. 293, 298 (1975); Souza v. Registry of Motor Vehicles, 462 Mass. 227, 228 n.3 (2012). … We note as well that the jurisdictional interplay between the board and the Superior Court has been discussed by the Supreme Judicial Court, see Weitzel v. Travelers Ins.

Pierce v. Town Clerk

3 Mass. App. Ct. 728 · Massachusetts Appeals Court · Mar 31, 1975

L. c. 41, § 81V, to the effect that the planning board of the town (board) has constructively approved a definitive subdivision plan submitted to it by the petitioner because of the board’s failure to take final action on … To afford the board, if so advised, an opportunity to take action under G.

Solomon v. Birger

19 Mass. App. Ct. 634 · Massachusetts Appeals Court · Apr 22, 1985

Present: BROWN, KASS, & SMITH, JJ. Edward Greer ( Jeanne Baker with him) for the plaintiffs. Michael R. Coppock for the defendants. *635 KASS, J. … Kemble Fischer Realty Trust v. Board of Appeals of Concord, 9 Mass. App. Ct. 477 , 478-479 & n. 2 (1980).

Commonwealth v. Zoe

95 Mass. App. Ct. 500 · Massachusetts Appeals Court · Jun 17, 2019

See generally Aquacultural Research Corp . v. Austin , 88 Mass. App. … See, e.g., Beattie v. United States , 949 F.2d 1092 , 1093-1094 (10th Cir. 1991).

Wolf v. Town of Mansfield

67 Mass. App. Ct. 56 · Massachusetts Appeals Court · Aug 8, 2006

Apart from the facts that town meetings are not strictly confined to formal rules of parliamentary procedure, see Zaskey v. Whately, 61 Mass. App. … Haven v. Lowell, 5 Met. 35 , 41 (1842). See Randall & Franklin, Municipal Law and Practice, supra at § 7.4.

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.

Slade v. Mclaughlin

24 Mass. App. Ct. 778 · Massachusetts Appeals Court · Oct 2, 1987

(board). … We intimate no view on what the board could or should do in such a situation. See, e.g., Martin v. Rent Control Bd. of Cambridge, 19 Mass. App. Ct. at 749 -750 n.4.

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.

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).

Chambers v. Building Inspector of Peabody

40 Mass. App. Ct. 762 · Massachusetts Appeals Court · Jul 22, 1996

Tebo v. Board of Appeals of Shrewsbury, 22 Mass. App. … See also Weld v. Board of Appeals of Gloucester, 345 Mass. 376, 378-379 (1963). Compare Kiss v.

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).

Fink v. Commissioner of Revenue

71 Mass. App. Ct. 677 · Massachusetts Appeals Court · May 8, 2008

The board interpretation. … While a court will generally tend to give deference to an administrative agency in the realm of its expertise and experience, see Moot v. Department of Envtl.

Commonwealth v. Lebron

23 Mass. App. Ct. 970 · Massachusetts Appeals Court · Feb 5, 1987

Commonwealth v. Saferian, 366 Mass. 89, 96 (1974). Commonwealth v. Chappee, 397 Mass. 508, 522 (1986). … [while] [t]he known head hair from Lebrón was not consistent with the dark brown hairs identified as ‘on *972 couch’ . . . .”

Kelly's Case

78 Mass. App. Ct. 907 · Massachusetts Appeals Court · Feb 4, 2011

(insurer), appeals from a decision of the reviewing board of the Department of Industrial Accidents (board). … “With these principles in mind, we review the findings of the administrative judge and the conclusions of the reviewing board.” Aetna Life & Cas. Ins. Co. v. Commonwealth, 50 Mass. App. Ct. 373, 377 (2000). Jerry E.

May's Case

67 Mass. App. Ct. 209 · Massachusetts Appeals Court · Aug 24, 2006

“As outlined by the reviewing board in Siano v. Specialty Bolt and Screw Co., 16 Mass. Workers’ Comp. … Castillo v. Cavicchio Greenhouses, Inc., 66 Mass. App. Ct. 218 , 221 n.8 (2006).

Tambrands, Inc. v. Commissioner of Revenue

46 Mass. App. Ct. 522 · Massachusetts Appeals Court · Mar 24, 1999

Bentley v. Ward, 116 Mass. 333, 334 (1874). In its decision, the Appellate Tax Board found: “[T]he Board finds, that the appellant’s account went into the ‘problem set’ when it made payment on the NIA. … To the extent that the question is one of fact, the board’s findings are entitled to deference, so long as there is substantial evidence in the record to support the findings. Towle v.

Newbury Junior College v. Town of Brookline

19 Mass. App. Ct. 197 · Massachusetts Appeals Court · Jan 14, 1985

Board of Appeals of Duxbury, 369 Mass. 512, 520 (1976). Cf. Mahoney v. Board of Appeals of Winchester, 344 Mass. 598, 601-602 (1962). … MacGibbon v. Board of Appeals of Duxbury, supra at 520.

Bingham v. City Council

52 Mass. App. Ct. 566 · Massachusetts Appeals Court · Sep 20, 2001

Costello v. Board of Appeals of Lexington, supra at 443 (citations omitted; emphasis supplied). See Konover Mgmt. Corp. v. … Garfield v. Board of Appeals of Rockport, 356 Mass. 37, 39 (1969), and cases cited.

Krupp v. Gulf Oil Corp.

29 Mass. App. Ct. 116 · Massachusetts Appeals Court · Aug 8, 1990

See generally Hackney v. Butler, 339 Mass. 605, 607-608 (1959); Hawkins v. Hawkins, 397 Mass. 401, 404-409 (1986); Brown v. Quinn, 406 Mass. 641, 644-645 (1990); Dorrance v. Zoning Bd. of Appeal of N. … Ct. 576, 579-580 (1980); Abbott v. John Hancock Mut. Life Ins. Co., 18 Mass. App. Ct. 508, 510-516 (1984). Contrast Brown v.

O'Connell's Case

78 Mass. App. Ct. 761 · Massachusetts Appeals Court · Feb 16, 2011

He relied on an administrative ruling by the DIA’s reviewing board, see Dawson v. Captain Parker Pub, 11 Mass. Workers’ Comp. … The narrow issue before us is whether the reviewing board’s interpretation of the DIA’s legislative charge is a reasonable one. See Provencal v. Commonwealth Health Ins.