Case law

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.

Tisei v. Building Inspector of Marlborough

5 Mass. App. Ct. 328 · Massachusetts Appeals Court · May 24, 1977

Co. v. Board of Appeals of Hingham, 3 Mass. App. … Rice v. Board of Appeals of Dennis, 342 Mass. 499, 501 (1961).

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).

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).

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).

Commonwealth v. Alvarado

36 Mass. App. Ct. 604 · Massachusetts Appeals Court · Jun 3, 1994

See Commonwealth v. Fuller, 399 Mass. 678 (1987); Commonwealth v. Brown, 413 Mass. 693 (1992). … See Commonwealth v. Brown, 413 Mass. 693 (1992); Liacos, Massachusetts Evidence § 8.16 (6th ed. 1994). 2 The defendant makes no independent argument that art. 12 affords broader rights than the Sixth Amendment.

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).

Donovan Case

58 Mass. App. Ct. 566 · Massachusetts Appeals Court · Jul 15, 2003

In support of its decision, the reviewing board relied on Lor-anger Constr. Corp. v. E.F. … The matter was then appealed to the reviewing board. In light of our decision, we do not address the issue of the legal status, absent estoppel, of the lump sum agreement signed only by Donovan. Compare Ferreira v.

City of Somerville v. Labor Relations Commission

53 Mass. App. Ct. 410 · Massachusetts Appeals Court · Dec 19, 2001

. & Scientists v. … See also Massachusetts Probation Assn. v.

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).

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.

Donovan v. Gardner

50 Mass. App. Ct. 595 · Massachusetts Appeals Court · Dec 21, 2000

Compare MacCormack v. … Assn. v. District Ct., 713 P.2d 923, 924-925 (Colo. 1986).

Commonwealth v. Harris

28 Mass. App. Ct. 724 · Massachusetts Appeals Court · Jun 27, 1990

See, e.g., Commonwealth v. Brown, 11 Mass. App. Ct. 288, 293-295 (1981). … Ct. 452, 457 (1986) (Brown, J., concurring); Commonwealth v. Bodden, supra. This court in Commonwealth v. DiMatteo, 12 Mass. App.

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.

Hanson v. Cadwell Crossing, LLC

66 Mass. App. Ct. 497 · Massachusetts Appeals Court · Jun 12, 2006

The defendant, apparently relying on language in Emery v. … Sheftel v. Lebel, 44 Mass. App. Ct. 175, 179 (1998). Here there is no such necessity.

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.

Stewart v. Lally

4 Mass. App. Ct. 792 · Massachusetts Appeals Court · Mar 18, 1976

At the insistence of the plaintiff, the agreement was made contingent on “the approval of the site as a subdivision by the Planning Board and by The Board of Health and Hatch Act Approval.” … Powers, Inc. v. Wayside, Inc. of Falmouth, 343 Mass. 686, 690-693 (1962). Richardson v. Parker, 353 Mass. 764 (1968). Contrast Mansfield v. Wiles, 221 Mass. 75, 83 (1915). Susan S. Maire for the plaintiff. Richard M.

E.I. Dupont de Nemours & Co. v. Commonwealth

65 Mass. App. Ct. 350 · Massachusetts Appeals Court · Dec 23, 2005

Co. v. Commonwealth, 379 Mass. 398, 401-403 (1979); Daly v. Commonwealth, 29 Mass. App. Ct. 100, 101-103 (1990). … Decision of reviewing board affirmed. See generally G. L. c. 152, § 25A(2). For a statement of legal principles related to second injuries, see Aetna Life & Cas. Ins. Co. v. Commonwealth, 50 Mass. App.

O'Keeffe v. Sch. Comm. of Bostonand Another

92 Mass. App. Ct. 1117 · Massachusetts Appeals Court · Dec 5, 2017

That reasoning is unquestionably correct, 7 and the plaintiff therefore has not met her "burden of showing that the [board's decision] was invalid." Quincy City Hosp. v. … Massachusetts Nurses Assn. v. Commonwealth Employment Relations Bd. , 77 Mass. App. Ct. 128 , 129 (2010). In any event, most of the facts are uncontested.

Town of Winthrop v. Winthrop Housing Authority

27 Mass. App. Ct. 645 · Massachusetts Appeals Court · Aug 2, 1989

L. c. 83, § 16, as amended by St. 1961, c. 311, 2 the board of selectmen of the town of Winthrop (town), acting as the board of sewer commissioners (board), established annual charges for the use of the town’s common sewer … An analysis of whether the charges involved constitute a permitted user charge or fee, as the board contends, or a tax, as the authority argues, requires the application of principles set out in Emerson College v.