Case law

Commonwealth v. Springer

49 Mass. App. Ct. 469 · Massachusetts Appeals Court · Jun 20, 2000

See also Commonwealth v. Dowdy, 36 Mass. App. Ct. 495, 501-504 (1994) (Brown, J., dissenting). Nearly twenty-five years ago Justice Braucher in Commonwealth v. … For a more effective remedy, see suggestion in Commonwealth v. Dowdy, 36 Mass. App. Ct. 495 , 503 n.4 (1994) (Brown, J., dissenting).

Dupont v. Commissioners of Essex County

46 Mass. App. Ct. 235 · Massachusetts Appeals Court · Jan 26, 1999

See Wilson v. Head, 184 Mass. 515, 518-519 (1904); Wynn v. Assessors of Boston, 281 Mass. 245, 251-252 (1932); Pittsley v. David, 298 Mass. 552, 555-556 (1937); Miller v. Emergency Horn. … See also a non-teacher case, Nawn v. Selectmen of Tewksbury, 4 Mass. App. Ct. 715, 718 (1976). Thibodeau v. Seekonk, 40 Mass. App.

Correia v. DeSimone

34 Mass. App. Ct. 601 · Massachusetts Appeals Court · Jun 18, 1993

General Cinema Corp., 834 F.2d 208, 215 (1st Cir. 1987) (“[I]t remains an open question whether the Massachusetts courts would employ judicial estoppel”), and Brown v. Gerstein, 17 Mass. App. … See also Brown v. Quinn, 406 Mass. 641, 646 (1990); Larson v. Larson, 30 Mass. App. Ct. 418, 427-428 (1991).

Commonwealth v. Manzanillo

37 Mass. App. Ct. 24 · Massachusetts Appeals Court · Jul 14, 1994

Commonwealth v. Garcia, supra at 686-687 , citing Commonwealth v. Brown, 401 Mass. 745, 747 (1988). … Commonwealth v. Eramo, 377 Mass. 912, 913 (1979), quoting from Commonwealth v. Croft, 345 Mass. 143, 145 (1962).

Hebb v. Lamport

4 Mass. App. Ct. 202 · Massachusetts Appeals Court · Mar 29, 1976

Inc. v. Reading, 354 Mass. 181, 187 (1968); Parmenter v. Board of Appeals of Grafton, 360 Mass. 852 (1971). … See Vazza v. Board of Appeals of Brockton, 359 Mass. 256, 259-263 (1971); Bellows Farms, Inc. v.

Burke v. Atlantic Research Corp.

18 Mass. App. Ct. 497 · Massachusetts Appeals Court · Aug 29, 1984

As pointed out in Marsch v. … We hold, therefore, that the judge should not have entered judgment without approval of the settlement by the board. See generally Murphy v. Administrator of the Div. of Personnel Admn., 377 Mass. 217 , 221 (1979).

Drummey v. Town of Falmouth

87 Mass. App. Ct. 127 · Massachusetts Appeals Court · Feb 26, 2015

Partnership v. … MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 639 (1970). The plaintiffs also assert that the town failed to obey the use permit requirements in § 240-166D of the by-law.

Palomba's Case

9 Mass. App. Ct. 881 · Massachusetts Appeals Court · Mar 25, 1980

The single member of the board, whose decision and findings were affirmed and adopted by the reviewing board (G. … Lolos v. Berlin, 338 Mass. 10,14 (1958) . Accordingly, we do not address the question. Judgment affirmed.

Commissioner of Code Inspection v. Worcester Dynamy, Inc.

11 Mass. App. Ct. 97 · Massachusetts Appeals Court · Dec 29, 1980

Fitchburg Housing Authy. v. Board of Zoning Appeals of Fitchburg, 380 Mass. at 874 , citing Mount Hermon Boys’ School v. Gill, 145 Mass. 139, 146 (1887). The Bible Speaks v. Board of Appeals of Lenox, 8 Mass. App. … See also Harbor Schools, Inc. v. Board of Appeals of Haverhill, 5 Mass. App. Ct. 600, 605 (1977).

Dufresne's Case

51 Mass. App. Ct. 81 · Massachusetts Appeals Court · Feb 27, 2001

On appeal, the board, relying on both CNA Ins. Cos. v. Semedo-Anacleto, 39 Mass. App. Ct. 271, 274-276 (1995), and Ferrari v. Toto, 9 Mass. App. … We agree with the board that Wausau may not recover from the employee by way of an offset. The offset made its first appearance in Richard v. Arsenault, 349 Mass. 521 (1965) — G.

W. R. Grace & Co.-Conn. v. City Council of Cambridge

56 Mass. App. Ct. 559 · Massachusetts Appeals Court · Nov 25, 2002

See Board of Appeals of Hanover v. Housing Appeals Comm. in the Dept. of Community Affairs, 363 Mass. 339 , 362 n.15 (1973). … See Lanner v. Board of Appeal of Tewksbury, 348 Mass. 220, 228 (1964).

Commonwealth v. Piedra

20 Mass. App. Ct. 155 · Massachusetts Appeals Court · Jun 3, 1985

Commonwealth v. Brown, 394 Mass. 394, 397 (1985). Although evidence of bias may properly be limited when the issue has been “sufficiently aired” (Commonwealth v. … Brown, 11 Mass. App. Ct. 288, 292-293 (1981). This issue should not arise at retrial if counsel and the trial judge pay careful attention to *159 principles discussed in Soares . See also Commonwealth v.

Commonwealth v. Parzick

64 Mass. App. Ct. 846 · Massachusetts Appeals Court · Oct 26, 2005

Lydon, 413 Mass. 309, 312 (1992), quoting from Commonwealth v. Brown, 401 Mass. 745, 747 (1988). … See Commonwealth v. Lee, 10 Mass. App. Ct. at 522 , quoting from Libby v.

Charlette v. Charlette Bros. Foundry, Inc.

59 Mass. App. Ct. 34 · Massachusetts Appeals Court · Aug 22, 2003

Though there was evidence that the board was actively involved in approving significant equipment purchases, issues of employee or officer compensation or bonuses were never raised at either the shareholder or board of directors … The board (with Earl abstaining) voted to have Davies examine “whether authority existed for Roy to distribute previous year-end bonuses and what action may be appropriately taken by the board.” *39 Davies gave his opinion

Mike's Case

73 Mass. App. Ct. 44 · Massachusetts Appeals Court · Oct 28, 2008

The reviewing board in this case observed that Bunnell v. Wequasset Inn, 12 Mass. Workers’ Comp. … The reviewing board in the case before us noted that it had previously decided this issue in Defelice v. Derbes Bros., Inc., 16 Mass. Workers’ Comp. Rptr. 422, 424 (2002).

DiGiulio v. Director of the Department of Unemployment Assistance

94 Mass. App. Ct. 292 · Massachusetts Appeals Court · Oct 24, 2018

Similarly, in Reep v. … Welch & Co. v. Deputy Comm'r of Capital Planning & Operations, 387 Mass. 662, 666 (1982), quoting Caminetti v.

Highland Tap of Boston, Inc. v. Commissioner of Consumer Affairs & Licensing

33 Mass. App. Ct. 559 · Massachusetts Appeals Court · Nov 16, 1992

Konstantopoulos v. Whately, 384 Mass. 123, 135 (1981). “Due process requires notice of the grounds on which the board might act rather than the evidentiary support for those grounds.” LaPointe v. … See Samuels Pharmacy, Inc. v. Board of Registration in Pharmacy, 390 Mass. 583, 590 (1983); Lockhart v. Attorney Gen., 390 Mass. at 784 ; Reliance Ins. Co. v. Commissioner of Ins., 31 Mass. App. Ct. 581, 589-590 (1991).

Becket v. Building Inspector of Marblehead

6 Mass. App. Ct. 96 · Massachusetts Appeals Court · Mar 14, 1978

See MacGibbon v. Board of Appeals of Duxbury, 347 Mass. 690 (1964), S.C., 356 Mass. 635 (1970), 369 Mass. 512 (1976); Brady v. Board of Appeals of Westport, 348 Mass. 515, 524 (1965); Crawford v. … See Vassalotti v. Board of Appeals of Sudbury, 348 Mass. 658, 661 (1965); Miller v. Board of Appeals of Brookline, 356 Mass. at 661-662 ; Gaudet v. Building Inspector of Dracut, 358 Mass. 807, 808 (1970).

Williams v. Charles

84 Mass. App. Ct. 328 · Massachusetts Appeals Court · Oct 3, 2013

Brown, J. … See Harhen v. Brown, 431 Mass. 838 , 843 n.5 (2000). See also Demoulas v.

Blackstone-Millville Regional School District v. Maroney

12 Mass. App. Ct. 877 · Massachusetts Appeals Court · Jun 12, 1981

Comm. v. … Bridgewater v. West Bridgewater Teachers’ Assn., 372 Mass. 121, 127 (1977). See School Comm. of Southbridge v.