Case law

Dear v. Devaney

83 Mass. App. Ct. 285 · Massachusetts Appeals Court · Feb 14, 2013

Butz v. … Malley v.

Outpost Cafe, Inc. v. Fairhaven Savings Bank

3 Mass. App. Ct. 1 · Massachusetts Appeals Court · Jan 21, 1975

L. c. 244, §§ 18, 21 and 22, the one of Brown v. … The case of Matthews v. Dinner, 237 Mass. 153, 154 (1921), also relied on the Way case to reach the same result as in the Brown case.

DiStefano v. Town of Stoughton

36 Mass. App. Ct. 642 · Massachusetts Appeals Court · Jun 10, 1994

Without using the censorious word “sham,” compare Lee v. Board of Appeals of Harwich, 11 Mass. App. … See Lee v. Board of Appeals of Harwich , 11 Mass. *646 App. Ct. at 151 n.4; Wright v. Board of Appeals of Fal-mouth, 24 Mass. App. Ct. 409 , 411 n.5 (1987). The judgment declaring the rights of the parties is affirmed.

Bristol Asphalt Co., Inc. v. Rochester Bituminous Products, Inc.

Massachusetts Appeals Court · Apr 28, 2023

See D'Acci v. Board of Appeals of Rochester, 91 Mass. App. … See D'Acci v. Board of Appeals of Rochester, 91 Mass. App. Ct. 1118 (2017).

Tassinari's Case

9 Mass. App. Ct. 683 · Massachusetts Appeals Court · May 6, 1980

This section was “V” shaped, measured about four feet by fourteen feet, and weighed between two and three hundred pounds. … Even were we to assume that the insurer presented this issue to the board and that it denied recommittal for consideration of this testimony by the single member, we perceive no abuse of discretion by the board.

Swift v. Fitchburg Mutual Insurance

45 Mass. App. Ct. 617 · Massachusetts Appeals Court · Oct 9, 1998

Co. v. Brown, 834 F. Supp. 854, 858 (E.D. … Co. v. Zuk, 78 N.Y.2d 41, 46-47 (1991); Tower Ins. Co. v. Judge, 840 F. Supp. 679, 692-693 (D. Minn. 1993); Young v. Brown, 658 So. 2d 750, 753-754 (La. Ct. App. 1995). But cf. Allstate Ins. Co. v. Barnett, 816 F.

Commonwealth v. Meuse

11 Mass. App. Ct. 966 · Massachusetts Appeals Court · Mar 9, 1981

See Commonwealth v. Brown, 364 Mass. 471, 476 , 479 n.18 (1973). … Brown, 364 Mass. at 480 ; Commonwealth v. Moore, 379 Mass. at 108, 111 ; Commonwealthv. Young, 382 Mass. at 462 ; Commonwealth v. Durant, 10 Mass. App. Ct. at 774 .

Sea Pines Condominium III Ass'n v. Steffens

61 Mass. App. Ct. 838 · Massachusetts Appeals Court · Sep 13, 2004

See Cardwell v. Board of Appeals of Woburn, 61 Mass. App. Ct. 118, 123 (2004). … Board of Appeal of Boston, 426 Mass. 485 (1998) (association and board members as plaintiffs). However, as Belson v.

In re Thomas E. Yahoub's Case

93 Mass. App. Ct. 1119 · Massachusetts Appeals Court · Jul 16, 2018

The employee appealed to the reviewing board, which, relying primarily on Tuper v. … See Bourque v. Cape Southport Assocs ., 60 Mass. App. Ct. 271 , 275 (2004).

McEwen's Case

2 Mass. App. Ct. 63 · Massachusetts Appeals Court · Mar 21, 1974

The Superior Court decree was in conformity with the decision of the reviewing board (board), which had affirmed and adopted as its own the *64 findings and decision of the single member. … Lynch v. Egbert, 360 Mass. 90, 92 (1971).

Lowney v. Commissioner of Revenue

67 Mass. App. Ct. 718 · Massachusetts Appeals Court · Nov 9, 2006

The Appellate Tax Board (board) affirmed the denial. … Accordingly, the decision of the board is reversed.

Blaser v. Town Manager of Methuen

19 Mass. App. Ct. 727 · Massachusetts Appeals Court · Apr 26, 1985

See Chase v. Pevear, 383 Mass. 350, 359-360 (1981). We decide that the conclusions were not justified. Assessors operate as a board. … L. c. 43, § 61) does “not apply to the removal of a chairman of the board of assessors.” Id. at 525. The court upheld the new designation. The Bryson case cited Kaplan v.

In re Cheryl Briere's Case

92 Mass. App. Ct. 1118 · Massachusetts Appeals Court · Dec 13, 2017

Saccone v. Department of Pub. Health , 13 Mass. Workers' Comp. Rep. 280, 282 (1999). … Decision of reviewing board affirmed .

Bloomstein v. Department of Public Safety

Massachusetts Appeals Court · Oct 16, 2019

Seney v. Morhy, 467 Mass. 58, 61 (2014). … The petition for 4 The board's citation to Clark v. Board of Registration of Social Workers, 464 Mass. 1008, 1010-1011 (2013), does not support its position.

Commonwealth v. Smith

1 Mass. App. Ct. 545 · Massachusetts Appeals Court · Nov 12, 1973

Commonwealth v. Haney, 358 Mass. 304, 306-307 (1970). … Lamou-reux v. Commonwealth, 353 Mass. 556, 560 (1968). Given, the facts of this case, however, the judge was not required to make such inquiry. In Brown v. United States, 264 F. 2d 363 (D. C.

Town of Billerica v. Card

66 Mass. App. Ct. 664 · Massachusetts Appeals Court · Jul 7, 2006

He asserts that he delivered the 1999 letter by hand to the town’s board of selectmen and mailed copies to the board of assessors, the planning board, and the conservation commission. … Members of a municipal board cannot act separately as individuals, and Correnti’s opinion accordingly did not reflect a formal decision by, or binding upon, the board of selectmen. Carbone, Inc. v.

Corbosiero's Case

11 Mass. App. Ct. 590 · Massachusetts Appeals Court · Mar 20, 1981

See DaGraca v. Feist, 361 Mass. 85, 87 (1972). … The assessment of such costs is a matter for the board. Compare Lambert’s Case, 325 Mass. 516, 519 (1950); Ramalhete v. Uni-Royal, Inc., 4 Mass. App. Ct. 597, 600 (1976).

Sousla's Case

13 Mass. App. Ct. 935 · Massachusetts Appeals Court · Feb 8, 1982

This is the employee’s appeal from a judgment of the Superior Court which upheld a decision of the reviewing board (board) denying the employee’s claim for compensation. We affirm the judgment. 1. … Marlow v. New Bedford, 369 Mass. 501, 507-508 (1976). Nor is it necessary to consider the employee’s arguments with respect to the perceived constitutional infirmities of that alternative ground.

Morales's Case

69 Mass. App. Ct. 424 · Massachusetts Appeals Court · Jun 25, 2007

CNA appealed the denial of its claim for interest to the board. On June 20, 2006, the board overruled its prior decision in Carmilia v. General Elec., 15 Mass. Workers’ Comp. … Commissioner of *427 Rev. v. Cargill, Inc., 429 Mass. 79, 82 (1999), quoting from White v. Boston, 428 Mass. 250, 253 (1998).

Kennie v. Natural Resource Department

69 Mass. App. Ct. 158 · Massachusetts Appeals Court · May 29, 2007

L. c. 12, § 11H, inserted by St. 1979, c. 801, § l. 7 See Rosenfeld v. Board of Health of Chilmark, 27 Mass. App. Ct. 621, 627 (1989). … Freeman appealed the board’s decision to the Superior Court, which held, among other things, that Freeman’s plan for the intersection did meet the requirements of the board’s regulations, and that the board *166 exceeded