Case law

Sullivan v. Town of Brookline

50 Mass. App. Ct. 16 · Massachusetts Appeals Court · Aug 21, 2000

See Brooks v. Architectural Barriers Bd., 14 Mass. App. … Balcam v. Hingham, 41 Mass. App. Ct. 260, 267 (1996), and cases cited.

Corriveau v. Home Insurance

43 Mass. App. Ct. 924 · Massachusetts Appeals Court · Oct 16, 1997

Compensation for loss of earning capacity as a result of work-connected injury is the prime consideration of the workers’ compensation act, see Louis’s Case, 424 Mass. 136, 140 (1997); Donovan v. Donovan, 15 Mass. App. … The board correctly pointed out that G.

Cowin v. Town of Brookline

4 Mass. App. Ct. 838 · Massachusetts Appeals Court · Sep 30, 1976

Except for the fact that the contract in this case was for one year rather than three, the facts of this case are parallel in every material respect to those of Duggan v. … Although the Duggan case was careful not “to lay down any inflexible rule about contracts for attorneys’ services made by municipal or other public boards for periods extending beyond the period when the board making the

Williams Auto Electric Services, Inc. v. Hebert

63 Mass. App. Ct. 182 · Massachusetts Appeals Court · Mar 24, 2005

McNeil v. Commissioner of Correction, 417 Mass. 818, 821-822 (1994), quoting from Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 513 (1975). … L. c. 21J, § 3, to § 11, which focuses on claims against the board, suggests that § 3 as a whole pertains to claims against the board.

Yakde Metals, Inc. v. New England Patriots Ltd. Partnership

64 Mass. App. Ct. 656 · Massachusetts Appeals Court · Sep 30, 2005

See Beder v. … Cleveland Browns, Inc., 129 Ohio App. 3d 188, 195 (1998) (season ticket holders had purchased a right of first refusal to tickets to Browns’ games; the Browns had destroyed that right by moving their team to Baltimore).

Simari's Case

11 Mass. App. Ct. 904 · Massachusetts Appeals Court · Jan 14, 1981

Contrast Boss v. Travelers Ins. … Kunen v. First Agricultural Natl. Bank, 6 Mass. App. Ct. 684, 689-690 (1978). Judgment affirmed.

Morway v. Town of Webster

29 Mass. App. Ct. 604 · Massachusetts Appeals Court · Dec 14, 1990

Included in the review was Blackmer v. … See also Capezzuto v.

Commonwealth v. Galarza

93 Mass. App. Ct. 740 · Massachusetts Appeals Court · Aug 15, 2018

Commonwealth v. Brown , 479 Mass. 600 , 601, 97 N.E.3d 349 (2018). 9 Here, as in Brown , the ammunition in the firearm was the only evidence presented that the firearm was loaded. … Id . at 605 , 97 N.E.3d 349 , quoting from Commonwealth v. Brown , 91 Mass. App. Ct. 286 , 293, 74 N.E.3d 293 (2017).

Doherty v. Mayor of Everett

13 Mass. App. Ct. 202 · Massachusetts Appeals Court · Feb 18, 1982

Everett v. Curnane, 329 Mass. 490, 492 (1952). Certain amendments enacted since are not material to the case at bar. The charter refers to the common council and the board of aldermen collectively as the council. … imposed upon such boards.”

Cain v. Cain

3 Mass. App. Ct. 467 · Massachusetts Appeals Court · Sep 15, 1975

Jones v. Brown, 171 Mass. 318 (1898), on which the plaintiffs rely, is inapposite. There the court sustained a finding by a single justice of waiver of a notice based on inconsistent conduct. … At a meeting of the board of directors of Airport on May 11, 1974, it was voted to purchase John’s shares for $40,000.

Commonwealth v. Teixeira

92 Mass. App. Ct. 1106 · Massachusetts Appeals Court · Sep 25, 2017

Commonwealth v. Brown , 364 Mass. 471 , 476 (1973). … See generally Brown , supra at 479 & n.18 (list of factors described as "nonexhaustive" and set out in disjunctive). See also Commonwealth v. DeVasto , 7 Mass. App.

Town of Wrentham v. Housing Appeals Committee

69 Mass. App. Ct. 449 · Massachusetts Appeals Court · Jun 27, 2007

Partnership, 436 Mass. at 814 , quoting from Board of Appeals of Hanover v. Housing Appeals Comm., 363 Mass. 339, 354 (1973). … Board of Registration of Psychologists, 399 Mass. 724, 728-729 *457 (1987), quoting from Samuels Pharmacy, Inc. v. Board of Registration in Pharmacy, 390 Mass. 583, 588 (1983). See East Chop Tennis Club v.

Kintner's Case

11 Mass. App. Ct. 907 · Massachusetts Appeals Court · Jan 16, 1981

Before the case was heard by the reviewing board, the employee filed a certified copy of the single member’s order with the Superior Court, seeking judicial enforcement. See G. … In Ramalhete v. Uni-Royal, Inc., 4 Mass. App. Ct. 597 (1976), no party-raised the issue that the appeal was premature, and that question was not passed upon by the court. Appeal dismissed.

Commissioner of Revenue v. Destito

23 Mass. App. Ct. 977 · Massachusetts Appeals Court · Feb 20, 1987

Bolster v. Commissioner of Corps. & Taxn., 319 Mass. 81, 85 (1946). Dennis v. Commissioner of Corps. & Taxn., 340 Mass. 629, 631 (1960). Xtra, Inc. v. Commissioner of Revenue, 380 Mass. 277, 281 (1980). … Curtis v. Commissioner of Corps. & Taxn., 340 Mass. 169, 173 (1959). The case was submitted on briefs. Although counsel for the Commissioner has waived certain arguments contained in his brief in part based on Horst v.

Commonwealth v. Bell

83 Mass. App. Ct. 82 · Massachusetts Appeals Court · Jan 11, 2013

Any sex offender moving into the Commonwealth from another State must, within two days of his arrival, register with the Sex Offender Registry Board (board). See G. L. c. 6, § 178E(g). … Attorney Gen., 434 Mass. 418, 428-429 (2001) (“Procedural due process does not require the board to send out notices of hearings to persons before it may require those persons to cooperate in telling the board where notices

Lord v. Commercial Union Insurance

60 Mass. App. Ct. 309 · Massachusetts Appeals Court · Jan 8, 2004

L. c. 93A, § 9(1), precipitated the decision in Leardi v. Brown, 394 Mass. 151, 157-161 (1985). … Leardi v. Brown, supra at 161 , quoting from Baldassari v. Public Financial Trust, 369 Mass. at 46. Insofar as Leardi v.

Flynn v. Parker

80 Mass. App. Ct. 283 · Massachusetts Appeals Court · Aug 30, 2011

(board). … See Reagan v.

Prudential Committee of Centerville-Osterville-Marstons Mills Fire District v. Barnstable County Retirement Ass'n

50 Mass. App. Ct. 907 · Massachusetts Appeals Court · Oct 10, 2000

The Barnstable County retirement board (retirement board) reinstated Knudsen because he had not been afforded a termination hearing before the board conformably with G. L. c. 32, § 16(2). … In Dupont v. Commissioners of Essex County, 46 Mass. App. Ct. 235, 237 , 239-240 & n.10 (1999), decided after the case before us was fully briefed, we rejected the retirement board’s position.

McLaughlin v. City of Brockton

32 Mass. App. Ct. 930 · Massachusetts Appeals Court · Mar 6, 1992

It is true that in Chilson v. Zoning Bd. of Appeal of Attleboro, 344 Mass. 406, 411 (1962), it was held that the predecessor statute “prescribes the minimum tolerance which must be given to nonconforming uses.” … Lee v. Board of Appeals of Harwich, 11 Mass. App. Ct. 148, 154 (1981). More importantly, it avoids conflict with the enabling statute.

Fredericks v. Rosenblatt

40 Mass. App. Ct. 713 · Massachusetts Appeals Court · Jul 11, 1996

Brown, supra at 165-166 ; Brandt v. Olympic Constr., Inc., supra. In sum, the order dismissing count III (G. … See Leardi v. Brown, 394 Mass. 151, 159-160 (1985); Parker v. D'Avolio, supra.