Case law

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  • 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.

    Cited 0 timesPublished
  • Barriere v. Hubbard

    47 Mass. App. Ct. 79 · Massachusetts Appeals Court · Jun 9, 1999

    Our standard in reviewing the Parole Board’s regulations is one of due deference to the expertise of the board. See Crooker v. Superintendent, Mass. Correctional Inst., Norfolk, 19 Mass. App. … Compare Durham v.

    Cited 1 timesPublished
  • 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.

    Cited 22 timesPublished
  • 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.

    Reversed on other grounds by T & D Video, Inc. v. City of Revere, 450 Mass. 107 (2007)Cited 23 timesPublished
  • Shriners' Hospital for Crippled Children v. Boston Redevelopment Authority

    4 Mass. App. Ct. 551 · Massachusetts Appeals Court · Sep 20, 1976

    Board of Appeals of Rockport, 356 Mass. 37, 40-41 (1969), and Damaskos v. Board of Appeal of Boston, 359 Mass. 55, 60-61 (1971). … See Village on the Hill, Inc. v. Massachusetts Turnpike Authy. 348 Mass. 107, 119-120 (1964), cert. den. 380 U. S. 955 (1965); Kelloway v. Board of Appeal of Melrose, 361 Mass. 249, 257-258 (1972).

    Cited 12 timesPublished
  • Robert L. Sullivan, D.D.S., P.C. v. Birmingham

    11 Mass. App. Ct. 359 · Massachusetts Appeals Court · Feb 13, 1981

    Brown v. Collins, 402 F.2d 209, 213-214 (D.C. Cir. 1968). Sriberg v. Raymond, 544 F.2d at 16-17 . Asay v. Hallmark Cards, Inc., 594 F.2d 692, 698 (8th Cir. 1979). … Galvin v. New York, N.H. & H. R.R., 341 Mass. 293 , 297 (1960). See note 6, supra. See also Brown v. Collins, 402 F.2d at 213-214 ; Asay v. Hallmark Cards, Inc., 594 F.2d at 698 .

    Cited 86 timesPublished
  • Commonwealth v. St. George

    89 Mass. App. Ct. 764 · Massachusetts Appeals Court · Jul 22, 2016

    Detective Keenan observed Fitzmorris leave the defendant's vehicle with a big, brown paper bag in his hand. … This included: Fitzmorris entering the defendant's vehicle without a brown paper bag and getting out of the vehicle with a brown paper bag (which was later found to contain approximately one pound of marijuana) after

    Cited 3 timesPublished
  • Trani's Case

    4 Mass. App. Ct. 857 · Massachusetts Appeals Court · Nov 30, 1976

    National Bank of Commerce v. New Bedford, 175 Mass. 257, 261 (1900). Wing v. Commonwealth, 359 Mass. 286, 290 (1971). … Slater v. Burnham Corp. ante, 791 (1976). 4. There was no error in the board’s refusal to recommit this case to the single member for receipt and consideration of the deposition of Dr.

    Cited 4 timesPublished
  • 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.

    Cited 22 timesPublished
  • Frankel v. J. WATSON CO. HARTFORD FIRE INS. CO

    21 Mass. App. Ct. 43 · Massachusetts Appeals Court · Oct 17, 1985

    *44 Brown, J. This case presents two questions reported by a judge of the Superior Court. See Mass.R.Civ.P. 64, 365 Mass. 831 (1974). … Compare Brown v. Guerrier, 390 Mass. 631, 632 (1983) (party, unsuccessful below, who fails to file brief is not entitled to decision of reviewing court on reported case).

    Cited 15 timesPublished
  • Blue View Construction, Inc. v. Town of Franklin

    70 Mass. App. Ct. 345 · Massachusetts Appeals Court · Oct 3, 2007

    Patelle v. Planning Bd. of Woburn, 20 Mass. App. Ct. 279, 282 (1985). Here, the approval by the zoning board of appeals of Marinel-la’s application under G. … See Casella v. Sneierson, 325 Mass. 85, 89 (1949).

    Cited 2 timesPublished
  • Ferreira v. Arrow Mutual Liability Insurance

    15 Mass. App. Ct. 633 · Massachusetts Appeals Court · Apr 12, 1983

    Rock v. Massachusetts Commn. … General Motors Corp., 1 N.Y.2d 424, 426 (1956), where, under a somewhat different statute, the court held that the board had no jurisdiction. But see also Barncord v.

    Cited 11 timesPublished
  • Chelsea Hous. Auth. v. Cordero

    92 Mass. App. Ct. 1124 · Massachusetts Appeals Court · Jan 26, 2018

    Condominium Assn . v. Community Assn. Underwriters of America, Inc ., 82 Mass. App. Ct. 461 , 470-471 (2012). … Powell v. Stevens , 69 Mass. App. Ct. 87 , 92 n.7 (2007) (motion for fees under G. L. c. 231, § 6F, not timely). See Ben v. Schultz , 47 Mass. App. Ct. 808 , 811-813 (1999).

    Cited 0 timesPublished
  • 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.

    Cited 18 timesPublished
  • Massachusetts Bay Lines, Inc. v. Commissioner of Revenue

    72 Mass. App. Ct. 321 · Massachusetts Appeals Court · Aug 5, 2008

    The words “sightseeing” and “entertainment” were, however, properly “construed according to their natural import in common and approved usage” by the board. Commonwealth v. … Co. of Am. v. Commissioner of Rev., 429 Mass. 560, 564 (1999). Mass. Bay argued to the board that its private charters were bare-boat charters, but the board disagreed and Mass.

    Cited 1 timesPublished
  • Aetna Life & Casualty Insurance v. Commonwealth

    50 Mass. App. Ct. 373 · Massachusetts Appeals Court · Nov 2, 2000

    Adams v. Contributory Retirement Appeal Bd., 414 Mass. 360, 366 (1993). … See, e.g., Adams v.

    Cited 7 timesPublished
  • Town of Sturbridge v. McDowell

    35 Mass. App. Ct. 924 · Massachusetts Appeals Court · Nov 19, 1993

    See Building Inspector of Mansfield v. Curvin, 22 Mass. App. Ct. 401, 402-404 (1986) (the maintenance of a piggery deemed agricultural use under G. L. c. 40A, § 3); Steege v. Board of Appeals of Stow, 26 Mass. App. … Sullivan v. First Mass. Financial Corp., 409 Mass. 783, 790-791 (1991). Judgment affirmed.

    Cited 10 timesPublished
  • Commonwealth v. Fabian Beltran

    Massachusetts Appeals Court · Mar 19, 2025

    See Cuyler v. Sullivan, 446 U.S. 335, 348-350 (1980); Commonwealth v. Brown, 494 Mass. 326 , 334-335 (2024). … See Brown, supra at 335; Commonwealth v. Martinez, 425 Mass. 382, 388 (1997).

    Cited 0 timesPublished
  • Commonwealth v. Dello Iacono

    20 Mass. App. Ct. 83 · Massachusetts Appeals Court · May 17, 1985

    The present case is similar to Commonwealth v. Brown, 392 Mass. 632, 642-643 (1984), where the charge on the physical and mental elements of criminal complicity in the armed robbery was held adequately informing. … Commonwealth v. Brown, 392 Mass. 632, 634-635 (1984); Commonwealth v. Brown, 394 Mass. 510, 516 (1985); Commonwealth v. Walker, 17 Mass. App. Ct. 194 , *88 197-198 (1983). Compare Commonwealth v. Hennessey, 17 Mass.

    Cited 10 timesPublished
  • Duarte v. Town of Fairhaven

    10 Mass. App. Ct. 865 · Massachusetts Appeals Court · Aug 14, 1980

    The plaintiff argues that § 100 requires the board to hold an evidentiary hearing, like that required prior to terminating public assistance *866 payments, Goldberg v. … Section 100 does not require the board to hold a hearing. Fortin v. Mayor of Chicopee, 325 Mass. 214, 216 (1950).

    Cited 1 timesPublished

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