Case law

Dubois v. Board of Selectmen

2 Mass. App. Ct. 674 · Massachusetts Appeals Court · Nov 29, 1974

That standard does not require the local board to determine facts of an adjudicative nature. Cf. Milli-gan v. Board of Registration in Pharmacy, 348 Mass. 491, 495, 500-501 (1965). … Natick Trust Co. v. Board of Bank Incorporation, 337 Mass. *678 615, 617 (1958). See Hayeck v. Metropolitan Dist. Commn. 335 Mass. 372, 375 (1957); Miller v.

Petrucci v. Board of Appeals

45 Mass. App. Ct. 818 · Massachusetts Appeals Court · Nov 30, 1998

Compare Harvard v. Maxant, 360 Mass. 432, 438 (1971); Henry v. Board of Appeals of Dunstable, 418 Mass. 841, 844-846 (1994); Gallagher v. Board of Appeals of Acton, 44 Mass. App. Ct. 906, 907 (1997); Maselbas v. … Lapenas v. Zoning Bd. of Appeals of Brockton, 352 Mass. 530, 533-534 (1967); MacGibbon v. Board of Appeals of Duxbury, 369 Mass. 512, 520 (1976); Leominster Materials Corp. v. Board of Appeals of Leominster, 42 Mass.

Marino v. Board of Appeal

2 Mass. App. Ct. 859 · Massachusetts Appeals Court · Jul 18, 1974

L. c. 41, § 81BB (see Rice v. Board of Appeals of Dennis, 342 Mass. 499, 501-502 [1961]; Sandberg v. Board of Appeals of Taunton, 349 Mass. 769 [1965]; P & D Serv. Co. v. … See Campanelle, Inc. v. Planning Bd. of Ipswich, 358 Mass. 798 (1970). The appropriate remedy in either event “was by appeal under G. L. c. 41, § 8IBB [from the action of the planning board].” Rounds v.

Tanner v. Board of Appeals

27 Mass. App. Ct. 1181 · Massachusetts Appeals Court · Jul 24, 1989

“Final action” occurs when the board files its decision with the town clerk. Building Inspector of Attleboro v. Attleboro Landfill, Inc. 384 Mass. 109, 110-112 (1981). Elder Care Services, Inc. v. … Clarke v. Metropolitan Dist. Commn., 11 Mass. App. Ct. 955 (1981).

Ballarin, Inc. v. Licensing Board

49 Mass. App. Ct. 506 · Massachusetts Appeals Court · Jun 27, 2000

See Connolly v. Alcoholic Bevs. Control Commn., supra; Great Atl. & Pac. Tea Co. v. Board of License Commrs. of Springfield, 387 Mass. 833, 837 (1983); Beacon Hill Civic Assn. v. … MacGibbon v. Board of Appeals of Duxbury, 369 Mass. 512, 520 (1976). Newbury Junior College v. Brookline, 19 Mass. App. Ct. at 208 . Judgment affirmed.

Bruno v. Board of Appeals

62 Mass. App. Ct. 527 · Massachusetts Appeals Court · Nov 29, 2004

Dugout, Inc. v. Board of Appeals of Canton, 357 Mass. 25 (1970), and Prudential Ins. Co. of America v. Board of Appeals of Westwood, 23 Mass. App. … Mendes v. Board of Appeals of Barnstable, 28 Mass. App.

Martin v. Board of Appeals

20 Mass. App. Ct. 972 · Massachusetts Appeals Court · Aug 26, 1985

Marblehead v. Deery, 356 Mass. 532, 537 (1969). Compare Raia v. Board of Appeals of No. Reading, 4 Mass. App. Ct. 318, 321-322 (1976). … Dion v. Board of Appeals of Waltham, 344 Mass. 547, 555-556 (1962).

Mitchell v. Board of Appeals

27 Mass. App. Ct. 1119 · Massachusetts Appeals Court · May 2, 1989

In these circumstances § 10 gives the board of appeal no authority to grant a variance. Guiragossian v. Board of Appeals of Watertown, 21 Mass. App. Ct. 111, 116 (1985). Gordon v. Zoning Bd. of Appeals of Lee, 22 Mass. … Shafer v. Zoning Bd. of Appeals of Scituate, 24 Mass. App. Ct. 966, 967 (1987). Contrast Paulding v. Bruins, 18 Mass. App.

Hamel v. Board of Health

40 Mass. App. Ct. 420 · Massachusetts Appeals Court · May 13, 1996

Druzik v. Board of Health of Haverhill, 324 Mass. 129, 133 (1949). United Reis Homes, Inc. v. Planning Bd. of Natick, 359 Mass. 621, 623 (1971). Independence Park, Inc. v. … Druzik v. Board of Health of Haverhill, supra at 138-139.

Asack v. Board of Appeals

47 Mass. App. Ct. 733 · Massachusetts Appeals Court · Sep 15, 1999

Becket v. Building Inspector of Marble-head, 6 Mass. App. Ct. 96, 104 (1978).” Girard v. Board of Appeals of Easton, 14 Mass. App. Ct. 334, 335 (1982). … See Giovannucci v. Board of Appeals of Plainville, 4 Mass. App. Ct. 239, 242-243 (1976).

Zussman v. Rent Control Board

4 Mass. App. Ct. 135 · Massachusetts Appeals Court · Mar 11, 1976

Co. v. Commissioner of Ins. 358 Mass. 272, 277-278, 280-281 (1970); G & M Employment Serv. Inc. v. Commonwealth, 358 Mass. 430, 437-443 (1970), app. dism. sub nom. G & M Employment Serv. Inc. v. … See Marlow v. New Bedford, 369 Mass. 501, 508 (1976).

Blair v. Board of Selectmen

24 Mass. App. Ct. 261 · Massachusetts Appeals Court · Jun 3, 1987

” (board) to the plaintiff, dated October 1, 1986, advising him that on June 25, 1986, the board had voted to grant him an accidental disability retirement allowance, “effective midnight, January 20, 1986,” and that the board … See Commissioner of Rev. v. Plymouth Home Natl. Bank, 394 Mass. 66 , 67 n.3 (1985); Travenol Labs., Inc. v. Zotal, Ltd., 394 Mass. 95, 97 (1985); Kelley v. Rossi, 395 Mass. 659 , 665 n.6 (1985).

Iverson v. Board of Appeals

14 Mass. App. Ct. 951 · Massachusetts Appeals Court · Jul 19, 1982

In preparing its appendix, the board failed to comply with Mass.R.A.P. 8(b)(1) and 18(a) and (b), as amended, 378 Mass. 932 , 940 and 941 (1979). See Kunen v. First Agricultural Natl. Bank, 6 Mass. App. … Ct. 684, 685-689 (1978); Tammaro v. Colarusso, 11 Mass. App. Ct. 44, 45 (1980) . Cf. Wingate v. Emery Air Freight Corp., 385 Mass. 402 , 405 n.5 (1982).

Mulrain v. Board of Selectmen

13 Mass. App. Ct. 48 · Massachusetts Appeals Court · Jan 14, 1982

See Bloom v. Worcester, 363 Mass. 136, 144, 155-160 (1973); Arlington v. Board of Conciliation and Arbitration, 370 Mass. 769, 773-774 (1976). … See Huntoon v. Quincy, 349 Mass. 9, 16-17 (1965). See also Pitman v. Medford, 312 Mass. 618, 622-623 (1942); County Personnel Bd. v. Third Dist. Court of E. Middlesex, 369 Mass. 972 (1976); G.

Nawn v. Board of Selectmen

4 Mass. App. Ct. 715 · Massachusetts Appeals Court · Dec 24, 1976

Zaltman v. Daris, 331 Mass. 458, 462 (1954). Vesce v. Gottfried, 353 Mass. 568, 569 (1968). Jewel Cos. Inc. v. Burlington, 365 Mass. 274, 277 (1974). … Brouillette v. Worcester, 364 Mass. 833, 834 (1974). Canney v. Municipal Court of the City of Boston, 368 Mass. 648, 653-654 (1975).

Ramos v. Board of Selectmen

16 Mass. App. Ct. 308 · Massachusetts Appeals Court · Jul 5, 1983

See O’Shaughnessey v. Besse, 7 Mass. App. Ct. 727, 728-729 (1979); Lawrence v. Kamco, Inc., 8 Mass. App. … To an extent which varied somewhat from defendant to defendant, the board members and Small, the board’s executive secretary, were recipients of complaints from Ramos about the asserted delays (see Appendix 1) for which Ramos

Taylor v. Board of Appeals

68 Mass. App. Ct. 503 · Massachusetts Appeals Court · Mar 27, 2007

Wolfe v. Gormally, 440 Mass. 699, 704 (2004) (quotations omitted). See Volin v. Board of Pub. Accountancy, 422 Mass. 175, 179 (1996), quoting from Adamowicz v. … Board of Appeals of Hanover v. Housing Appeals Comm., supra at 371. See Mahoney v. Board of Appeals of Winchester, 366 Mass. 228, 231-232 (1974).

O'Brian v. Board of Appeals

3 Mass. App. Ct. 740 · Massachusetts Appeals Court · Apr 24, 1975

Board of Appeal of Cambridge, 337 Mass. 528 (1958); Dion v. Board of Appeals of Waltham, 344 Mass. 547, 551-552 (1962); Sherman v. Board of Appeals of Worcester, 354 Mass. 133 (1968); Johnson v. … See Rodenstein v. Board of Appeal of Boston, supra, at 335-336; Broderick v. Board of Appeal of Boston, supra, at 478-479. 3.

Lamb v. Rent Control Board

17 Mass. App. Ct. 1038 · Massachusetts Appeals Court · Apr 4, 1984

In Flynn v. … See Deitrick v.

Crosby v. Board of Appeals

3 Mass. App. Ct. 713 · Massachusetts Appeals Court · Feb 28, 1975

See Chater v. Board of Appeals of Milton, 348 Mass. 237, 244-245 (1964); Sherman v. Board of Appeals of Worcester, 354 Mass. 133, 135 (1968). … Cary v. Board of Appeals of Worcester, 340 Mass. 748 (1960), and Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348 (1963), cited by the plaintiffs, are not in point.