Case law

Commonwealth v. Muse

35 Mass. App. Ct. 466 · Massachusetts Appeals Court · Nov 10, 1993

Commonwealth v. Harris, 28 Mass. App. Ct. 724, 736 (1990) (Brown, J., concurring). I am certain this has been said more than a few times over the years. See, e.g., Commonwealth v. McLeod, 30 Mass. App. … See also Commonwealth v. Harris, supra at 736 n.5.

Phyllis Ndoro v. Maritza Torres

Massachusetts Appeals Court · Dec 11, 2024

Ass'n v. Rego, 474 Mass. 329, 339 (2016). … See Fortin v.

Commonwealth v. McMiller

29 Mass. App. Ct. 392 · Massachusetts Appeals Court · Oct 17, 1990

Commonwealth v. Mencoboni, 28 Mass. App. Ct. 504, 508 (1990) (Brown, J., dissenting), quoting from Commonwealth v. Felton, 16 Mass. App. Ct. 63, 66 (1983). See Commonwealth v. … Commonwealth v. Young, 22 Mass. App. Ct. 452 , 457 n.1 (1986) (Brown, J., concurring). In any event, at the very least, see suggestion in Commonwealth v. Kozec, 21 Mass. App. Ct. 355 , 367 n.2 (Brown, J., concurring).

Sullivan v. Belmont

7 Mass. App. Ct. 214 · Massachusetts Appeals Court · Mar 19, 1979

On March 8, 1976, the plaintiff filed with the Belmont contributory retirement board (board) a written application under G.L.c. 32, § 7(1), in which he requested that he be retired for accidental disability by reason of a … 219 form of retirement by or of an active member of a retirement system results in the termination of his service to the public, still the word "termination" as used in § 8 must be construed in context (see Commonwealth v.

Commonwealth v. Sadberry

44 Mass. App. Ct. 934 · Massachusetts Appeals Court · Apr 6, 1998

Commonwealth v. Almeida, 381 Mass. 420, 421-423 (1980); Commonwealth v. Brown, 401 Mass. 745, 747 (1988). … Compare Commonwealth v. Albano, 373 Mass. 132, 134-136 (1977); Commonwealth v. Bailey, 29 Mass. App. Ct. 1007, 1008 (1990). 2. Joint venture.

Phillips v. Youth Development Program, Inc.

14 Mass. App. Ct. 626 · Massachusetts Appeals Court · Nov 8, 1982

Evans v. … Shelley v.

Adoption of Rhona

57 Mass. App. Ct. 479 · Massachusetts Appeals Court · Feb 28, 2003

Ct. 95, 105 (1997), quoting from Tosti v. … Ct. at 105 , quoting from Callahan v. Westinghouse Bdcst. Co., 372 Mass. 582, 584 (1977).

Hartford v. Hartford

60 Mass. App. Ct. 446 · Massachusetts Appeals Court · Feb 12, 2004

v. … Sletten, 557 N.W.2d 225, 228 (N.D. 1996) (prisoner asked prosecutor to write letter to parole board on his behalf; allegedly libelous statement made by prosecutor to parole board was absolutely privileged); Vasquez v.

Bagge's Case

5 Mass. App. Ct. 839 · Massachusetts Appeals Court · Jun 16, 1977

The parents of the decedent Bagge appeal from a judgment of the Superior Court reversing the award of double compensation ordered by the single member of the Industrial Accident Board (IAB) and upheld by the reviewing board … See Cohen v. Assessors of Boston, 344 Mass. 268, 269 (1962).

Egnet v. Commissioner of Public Safety

5 Mass. App. Ct. 188 · Massachusetts Appeals Court · Mar 9, 1977

Burnes v. Metropolitan District Commission, 325 Mass. 731, 733 [1950]. Zaltman v. Daris, 331 Mass. 458 [1954]. Morgan v. Banas, 331 Mass. 694, 698 [1954]. … See Barry v. Civil Serv. Commn. 323 Mass. 431, 433-434 (1948); Ferguson v. Civil Serv. Commn. 344 Mass. 484, 487-488 (1962); Sharkey v. Civil Serv. Commn. 357 Mass. 785 (1970).

Doherty's Case

10 Mass. App. Ct. 880 · Massachusetts Appeals Court · Sep 8, 1980

The employee appeals from a judgment of the Superior Court which “affirmed” a decision of the reviewing board (board) dismissing his claim for compensation and from an order which denied his motion for a second recommittal … to the board.

Commonwealth v. DePeiza

66 Mass. App. Ct. 398 · Massachusetts Appeals Court · Jun 2, 2006

Commonwealth v. Benitez, 37 Mass. App. Ct. 722 , 724 n.2 (1994) (unenhanced nighttime visual acuity); Commonwealth v. Ciaramitaro, 51 Mass. App. Ct. 638, 647 (2001) (Brown, J., concurring) (exceptional visual acuity). … See Commonwealth v. Bartlett, 41 Mass. App. Ct. 468, 473 (1996) (Brown, J., concurring).

Lynch v. Town of Groton

11 Mass. App. Ct. 1008 · Massachusetts Appeals Court · Apr 15, 1981

Although the road’s status as a public way had been asserted in Lynch v. Planning Board of Groton, 4 Mass. App. … Co. v. Board of Appeals of Hingham, 3 Mass. App. Ct. 446, 456-457 (1975), and authorities therein collected; Coolidge Bank & Trust Co. v. First Ipswich Co., ante 923, 924 (1981). 3.

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).

Adams v. Whitman

62 Mass. App. Ct. 850 · Massachusetts Appeals Court · Feb 3, 2005

Additionally, the local board of health wrote the Adamses a letter indicating that the septic system was not in compliance with regulatory requirements. … See Malone v.

Boston Safe Deposit & Trust Co. v. Boone

21 Mass. App. Ct. 637 · Massachusetts Appeals Court · Feb 24, 1986

Pearson a general power to appoint by her will, with a gift over to Brown University if she should fail to appoint or to appoint effectively. … See Warren v. Pazolt, 203 Mass. 328, 347 (1909), and Anderson v. Bean, 272 Mass. 432, 447 (1930) (wilful default); Spiegel v. Beacon Participations, Inc., 297 Mass. 398, 417 (1937) (bad faith). See also Peterson v.

THOMAS M. REZZA v. ZONING BOARD OF APPEALS OF MERRIMAC; THOMAS A. REZZA, Third- Party

Massachusetts Appeals Court · Jul 22, 2025

Williams v. Board of Appeals of Norwell, 490 Mass. 684, 689 (2022). Our review is de novo. See Tracer Lane II Realty, LLC v. Waltham, 489 Mass. 775, 778 (2022). … "We will uphold a zoning board's decision and that of the reviewing Superior Court, 'if a rational basis for the [decision] exists which is supported by the record.'" Eastern Point, LLC v.

Reiersen v. Commissioner of Revenue

26 Mass. App. Ct. 124 · Massachusetts Appeals Court · Jun 22, 1988

The taxpayer argues that the commissioner and the board have applied criteria superseded by the opinions in Hershkoff v. Registrars of Voters of Worcester, 366 Mass. 570, 576-577 (1974), Dane v. … That the occasion of his originally arriving in the Philippines was a work assignment, a fact which appears to have struck the board as weighty, is not decisive. See Commonwealth v.

Massachusetts Electric Co. v. Pacific National Investment Corp.

9 Mass. App. Ct. 752 · Massachusetts Appeals Court · May 19, 1980

Brown v. Little, Brown & Co., 269 Mass. 102, 117 (1929). Kerrigan v. Fortunato, 304 Mass. 617, 620 (1939). … See Michaelson v. Nemetz, 4 Mass. App. Ct. 806, 807 (1976); Gerber v. Ty-Data, Inc., 5 Mass. App. Ct. 898 -899 (1977).

Commonwealth v. Mayne

38 Mass. App. Ct. 282 · Massachusetts Appeals Court · Mar 23, 1995

Brown, J. (dissenting). Because trial prosecutors refuse to “clean up their act,” I dissent for the reasons stated in Commonwealth v. Dowdy, 36 Mass. App. Ct. 495, 501-504 (1994) (Brown, J., dissenting). … See also Commonwealth v. Kines, 37 Mass. App. Ct. 540, 544 (1994) (Brown, J., concurring). A further comment, however, is appropriate. Ethical responsibilities are no different for the defense than for the prosecution.