Case law

Titcomb v. Board of Appeals

64 Mass. App. Ct. 725 · Massachusetts Appeals Court · Oct 7, 2005

Copley v. Board of Appeals of Canton, 1 Mass. App. Ct. 821 (1973). See Pendergast v. Board of Appeals of Barnstable, 331 Mass. at 560 ; Cliff v. Board of Health of Amesbury, 343 Mass. 58, 62 (1961). … In Cox v. Board of Appeals of Carver, 42 Mass. App.

Garvey v. Board of Appeals

9 Mass. App. Ct. 856 · Massachusetts Appeals Court · Feb 29, 1980

On appeal to the Superior Court, the judge is required to hear the matter de novo and to determine the legal validity of the board’s decision upon the facts found by him. G. L. c. 40A, § 17. Josephs v. … A court may not substitute its judgment for that of the board. Burnham v. Board of Appeals of Gloucester, 333 Mass. 114,120 (1955). Caruso v. Pastan, 1 Mass. App. Ct. at 29-30 .

Cuzzi v. Board of Appeals

2 Mass. App. Ct. 887 · Massachusetts Appeals Court · Nov 11, 1974

McLaughlin v. Rockland Zoning Bd. of Appeals, 351 Mass. 678, 680-683 (1967). See Ladd v. Board of Appeal of Malden, 352 Mass. 777 (1967); Shaughnessy v. Board of Appeals of Lexington, supra, at 14. … Shaughnessy v. Board of Appeals of Lexington, supra, at 12.

Tanner v. Board of Appeals

61 Mass. App. Ct. 647 · Massachusetts Appeals Court · Aug 18, 2004

Ct. 709, 713 (2000); APT Asset Mgmt., Inc. v. Board of Appeals of Mel-rose, 50 Mass. App. Ct. at 138 . The board’s interpretation is not dispositive. See Boulter Bros. Constr. Co. v. … See Steege v. Board of Appeals of Stow, 26 Mass. App. Ct. 970, 971-972 (1988) (raising and training horses is agricultural use); Sturbridge v. McDowell, 35 Mass. App.

Altschuler v. Boston Rent Board

12 Mass. App. Ct. 452 · Massachusetts Appeals Court · Sep 22, 1981

Brown, J. … Jefferson, supra at 201-202 , even though the breach is not so severe as to abate the rent to zero, see McKenna v. Begin, supra at 313 (Brown, J., concurring), or force the tenant to vacate, see Boston Homing Authy. v.

Doe, Sex Offender Registry Board No. 95318 v. Sex Offender Registry Board

80 Mass. App. Ct. 901 · Massachusetts Appeals Court · Aug 11, 2011

No. 151564 v. … No. 151564 v. Sex Offender Registry Bd., 456 Mass. 612, 621 (2010).

Owens v. Board of Appeals

11 Mass. App. Ct. 994 · Massachusetts Appeals Court · Apr 6, 1981

See Rando v. Board of Appeals of Bedford, 348 Mass. 296, 297-298 (1965); Green v. Board of Appeal of Norwood, 358 Mass. 253, 258-259 (1970); Selectmen of Hatfield v. Garvey, 362 Mass. 821, 826 (1973). … Lee v. Board of Appeals of Harwich, ante 148, 154 (1981).

Planning Board of Sandwich v. Board of Appeals of Sandwich

15 Mass. App. Ct. 971 · Massachusetts Appeals Court · Mar 24, 1983

See Dion v. Board of Appeals of Waltham, 344 Mass. 547, 550-552 (1962); Sherman v. Board of Appeals of Worcester, 354 Mass. 133, 135-136 (1968); Wolfman v. … Board of Appeals of Brookline, ante 112, 116 (1983), and cases cited therein. Contrast Wolfson v. Sun Oil Co., 357 Mass. 87, 90 (1970); Costa v. Zoning Board of Appeals of Framingham, 6 Mass. App. Ct. 872 (1978).

Moreis v. Board of Appeals

62 Mass. App. Ct. 53 · Massachusetts Appeals Court · Sep 15, 2004

Moréis’s complaint was that Fenner’s tenant, Browning Ferris, Inc. … L. c. 40A, § 6 (see Bridgewater v.

Pronghorn, Inc. v. Licensing Board

13 Mass. App. Ct. 70 · Massachusetts Appeals Court · Jan 25, 1982

Co. v. Alcoholic Beverages Control Commn., 334 Mass. 59, 61 [1956]; Connolly v. … Local licensing boards may law *74 fully refuse to issue any annual licenses, even though the voters have authorized such licenses. Ferris v. Selectmen of Norwell, 344 Mass. 757 (1962).

Grenier v. Board of Selectmen

80 Mass. App. Ct. 460 · Massachusetts Appeals Court · Sep 26, 2011

See Ludvigsen v. Dedham, supra. Policy 9 fails in these respects, as the policy lacks any fundamental standards. See, e.g., Turnpike Amusement Park, Inc. v. … Wendy’s Old Fashioned Hamburgers of N.Y., Inc. v. Board of Appeal of Billerica, 454 Mass. 374, 386 (2009), quoting from Roberts v. Southwestern Bell Mobile Sys., Inc., 429 Mass. 478, 486 (1999).

27 Ramsdell Ave., LLC v. Brown

93 Mass. App. Ct. 1120 · Massachusetts Appeals Court · Jul 20, 2018

See DeGiacomo v. Quincy , 476 Mass. 38 , 41 (2016), quoting from Kobrin v. … Dept ., 417 Mass. 183 , 184 (1994), the defendant "is bound by the same procedural rules applicable to other litigants," Lawless v. Board of Registration in Pharmacy , 466 Mass. 1010 , 1011 n.3 (2013).

Eldredge v. Board of Selectmen

18 Mass. App. Ct. 502 · Massachusetts Appeals Court · Sep 4, 1984

L. c. 79, § 16. 4 See, e.g., Briggs v. Boston, 230 Mass. 148, 151 (1918); Nicklas v. New Bedford, 250 Mass. 471, 474-475 (1925); Wine v. Commonwealth, 301 Mass. 451, 455-456 (1938); Boyce v. … Commonwealth v. Gove, 366 Mass. 351, 354 (1974). Devaney v. Watertown, 13 Mass. App. Ct. 927 (1982).

Bertrand v. Board of Appeals

58 Mass. App. Ct. 912 · Massachusetts Appeals Court · Jun 24, 2003

Nickerson v. Zoning Bd. of Appeals of Raynham, 53 Mass. App. Ct. 680, 682 (2002). … See, e.g., Tsagronis v. Board of Appeals of Wareham, 415 Mass. 329, 331-332 (1993). The size of a lot does not qualify as “shape of the land” grounds for the grant of a variance. Id. at 332 n.6. 3. Disposition.

Doe v. Sex Offender Registry Board

81 Mass. App. Ct. 639 · Massachusetts Appeals Court · Apr 27, 2012

We assess the plaintiff’s claims, as we must, in the context of our obligation to “determine whether the decision of the board is supported by substantial evidence.” Doe, Sex Offender Registry Bd. No. 10304 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).

Kardas v. Board of Selectmen

8 Mass. App. Ct. 184 · Massachusetts Appeals Court · Jul 31, 1979

Cohen v. Price, 273 Mass. 303, 309 (1930), quoted in Colt v. Fradkin, 361 Mass. 447, 449-450 (1972), and in Commonwealth v. *189 Hayes, 372 Mass. 505, 512 (1977). … Welsch v. Palumbo, 321 Mass. 399, 400 (1947). Herman v. Edington, 331 Mass. 310, 316 (1954). C.J. Hogan, Inc. v. Atlantic Corp., 332 Mass. 322, 327-328 (1955). Leisure Inns, Inc. v. Christiansen, 7 Mass. App.

Brown v. Massachusetts Bay Transportation Authority

4 Mass. App. Ct. 837 · Massachusetts Appeals Court · Aug 13, 1976

See Luz v. Stop & Shop, Inc. of Peabody, 348 Mass. 198, 204-205 (1964). This case is factually distinguishable from Fairbanks v. Boston Elev.

Martin v. Board of Appeals

20 Mass. App. Ct. 972 · Massachusetts Appeals Court · Aug 26, 1985

Marblehead v. Deery, 356 Mass. 532, 537 (1969). Compare Raia v. Board of Appeals of No. Reading, 4 Mass. App. Ct. 318, 321-322 (1976). … Dion v. Board of Appeals of Waltham, 344 Mass. 547, 555-556 (1962).

Zussman v. Rent Control Board

4 Mass. App. Ct. 135 · Massachusetts Appeals Court · Mar 11, 1976

Co. v. Commissioner of Ins. 358 Mass. 272, 277-278, 280-281 (1970); G & M Employment Serv. Inc. v. Commonwealth, 358 Mass. 430, 437-443 (1970), app. dism. sub nom. G & M Employment Serv. Inc. v. … See Marlow v. New Bedford, 369 Mass. 501, 508 (1976).

Marinelli v. Board of Appeals

65 Mass. App. Ct. 902 · Massachusetts Appeals Court · Dec 30, 2005

In Marinelli v. Board of Appeals of Stoughton, 440 Mass. 255, 258-259 (2003), the court decided that, under the second sentence of the fourth paragraph of G. … See Lee v. Board of Appeals of Harwich, 11 Mass. App. Ct. 148, 154 (1981). The provision in the Stoughton zoning bylaw on which Marinelli focuses is § IX C.