Case law

Town of Southbridge v. Litchfield

47 Mass. App. Ct. 920 · Massachusetts Appeals Court · Jul 15, 1999

Contrast Georgetown v. Essex County Retirement Bd., 29 Mass. App. Ct. 272 , 273 (1990); Superintendent of Pub. Works of Attleboro v. Attleboro Contributory Retirement Bd., 38 Mass. App. … See and compare Fire Chief of East Bridgewater v. Plymouth County Retirement Bd., ante 66, 69 (1999). John M. Carey for the plaintiff. Nicholas Poser for retirement board of Southbridge. Thomas F. Gibson for John C.

Blakeley v. Commissioner of Revenue

28 Mass. App. Ct. 499 · Massachusetts Appeals Court · Apr 13, 1990

See M&T Charters, Inc. v. Commissioner of Rev., 404 Mass. 137, 140 (1989). … L. c. 62C, § 33(b), and the standards set out in Commissioner of Rev. v.

City of Worcester v. Johnson

4 Mass. App. Ct. 258 · Massachusetts Appeals Court · Apr 27, 1976

In the case of Sheahan v. … See Sheahan v. School Comm. of Worcester, 359 Mass. 702, 709, n.4 (1971).

Board of Managers of the Redstone Court Condominium Association v. Xiulin Liu.

Massachusetts Appeals Court · Mar 4, 2024

See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008). … See Bishay v. Superior Court Dep't of the Trial Court, 487 Mass. 1012, 1013 (2021). See also State Realty Co. of Boston v. MacNeil, 341 Mass. 123, 124 (1960).

Harron Communications Corp. v. Town of Bourne

40 Mass. App. Ct. 83 · Massachusetts Appeals Court · Feb 22, 1996

For an excessive tax, the exclusive remedy is application for abatement and petition to the Appellate Tax Board. Central Natl. Bank v. … Most importantly, Harron’s available remedy before the Appellate Tax Board was not “seriously inadequate.” See Sydney v. Commissioner of Corps. & Taxn., 371 Mass. at 294 ; D’Errico v.

Medlock v. BD OF TRUSTEES OF THE UNIV. OF MASS

31 Mass. App. Ct. 495 · Massachusetts Appeals Court · Oct 28, 1991

See International Primate Protection League v. … See Archambault v. Archambault, 407 Mass. 559, 564-565 (1990), quoting from Louisiana Pub. Serv. Commn. v. FCC, 476 U.S. 355, 368, 369 (1986), and Schneidewind v. ANR Pipeline Co., 485 U.S. 293, 299 (1988).

Lafond v. Renewable Energy Dev. Partners, LLC

93 Mass. App. Ct. 1106 · Massachusetts Appeals Court · Apr 11, 2018

The zoning board of appeals (ZBA) is in the best position to determine whether the building inspector's interpretation of the by-law was correct. See Wendy's Old Fashioned Hamburgers of N.Y., Inc . v. … Lastly, REDP's continued work at the project site does not render an appeal to the board futile. See Ciszewski v. Industrial Acc.

Commonwealth v. Tsonis

Massachusetts Appeals Court · Oct 8, 2019

See Commonwealth v. Brown, 51 Mass. App. … We are guided by Brown.

Stewart v. Bass River Savings Bank

3 Mass. App. Ct. 574 · Massachusetts Appeals Court · Nov 18, 1975

The balance of the lots had either already been approved by the planning board or did not require planning board approval. … Turner v. Guy, 2 Mass. App. Ct. 343 (1974).

Greco v. Mayor of Revere

1 Mass. App. Ct. 135 · Massachusetts Appeals Court · Mar 1, 1973

members of the board. … Reilly v.

Silva v. City of Fall River

59 Mass. App. Ct. 798 · Massachusetts Appeals Court · Nov 4, 2003

Emerson College v. Boston, 391 Mass. 415, 424 (1984). 6 The disposal of human remains involves the public health *801 and implicates the police power. Wyeth v. Board of Health of Cambridge, 200 Mass. 474, 479 (1909). … Wyeth v. Board of Health of Cambridge, 200 Mass. at 479 . Compare Emerson College v.

Collins's Case

21 Mass. App. Ct. 557 · Massachusetts Appeals Court · Jan 31, 1986

LaClair v. Silberline Mfg. Co., 379 Mass. 21, 32 (1979). Charron’s Case, 331 Mass. 519, 522-523 (1954). Cormier’s Case, 337 Mass. 714, 716 (1958). Buck’s Case, 342 Mass. 766, 771 (1961). Soares v. … In these circumstances we think the case should be recommitted to the Industrial Accident Board, see Assessors of Boston v.

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.

A.W. Chesterton Co. v. Commissioner of Revenue

37 Mass. App. Ct. 936 · Massachusetts Appeals Court · Oct 31, 1994

State Tax Commn. v. John H. Breck, Inc., 336 Mass. 277, 289 (1957). General Elec. Co. v. Assessors of Lynn, 393 Mass. 591, 599 (1984). Blakeley v. Commissioner of Rev., 28 Mass. App. Ct. 499, 501 (1990). … See Wisconsin Dept. of Rev. v. William Wrigley, Jr. Co., 505 U.S. 214 , 233 n.7 (1992) (Wrigley).

Hamm v. Commissioner of Correction

29 Mass. App. Ct. 1011 · Massachusetts Appeals Court · Jan 9, 1991

Henschel v. Commissioner of Correction, 368 Mass. 130 (1975). The parole board’s change of policy. … Contrary to the plaintiffs contention, the parole board was free to adopt a policy regarding its rules and procedures that was to be implemented purely on a prospective basis. See Champagne v.

Blauvelt v. AFSCME Council 93, Local 1703

74 Mass. App. Ct. 794 · Massachusetts Appeals Court · Aug 7, 2009

(board). … board’s expertise was necessary.

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).

Armstrong's Case

47 Mass. App. Ct. 693 · Massachusetts Appeals Court · Sep 10, 1999

The decision of the reviewing board of the DIA is affirmed. So ordered. In Frost v. David C. Wells Ins. Agency, Inc., 14 Mass. App. Ct. 305, 306-309 (1982), we interpreted G. … See Mobil Oil Corp. v. Roumeliotis, 38 Mass. App. Ct. 245, 246 (1995).

Pillman's Case

69 Mass. App. Ct. 178 · Massachusetts Appeals Court · May 30, 2007

Co. v. Wolfe, 7 Mass. App. … See Frost v. David C. Wells Ins. Agency, Inc., 14 Mass. App. Ct. 305, 306-309 (1982) (construing G. L. c. 152, § 63). Under the board’s precedents, G.

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.