Case law

Filippone v. Mayor of Newton

16 Mass. App. Ct. 417 · Massachusetts Appeals Court · Jul 28, 1983

Co. v. Board of Educ. of N.Y., 264 A.D. 73, 74-75 (N.Y. 1942) (indemnification of teacher by school board inures only to benefit of teacher, not to insurer which paid judgment). See also A. & B. … Wauwatosa Bd. of Educ., 88 Wis. 2d 385, 390-394 (1979) (indemnity of teacher by school board limited by statute to amount in excess of insurance). But see Bridewell v. Board of Educ. of Shawnee, 2 Ill.

Litchfield's Case

86 Mass. App. Ct. 216 · Massachusetts Appeals Court · Aug 28, 2014

See Yeshaiau v. Mount Auburn Hosp., 27 Mass. Workers' Comp. Rep. 15, 19 (2013) (reviewing board held G. … See Paternostro v.

International Brotherhood of Police Officers v. Labor Relations Commission

11 Mass. App. Ct. 269 · Massachusetts Appeals Court · Jan 29, 1981

Bd. of Educ. v. Doyle, 429 U.S. 274, 285-287 (1977); NLRB v. Lowell Sun Publishing Co., 320 F.2d 835, 841 (1st Cir. 1963) and 842 (Aldrich, J., concurring); Coletti’s Furniture, Inc. v. … of the Board of Selectmen against any patrolman because of any union affiliation on his or her part.”

Wallace v. Building Inspector

5 Mass. App. Ct. 786 · Massachusetts Appeals Court · Mar 3, 1977

Lanner v. Board of Appeal of Tewksbury, 348 Mass. 220, 228 (1964). Martin v. Rockland, supra. Raymond v. Building Inspector of Brimfield, 3 Mass. App. Ct. 38, 43 (1975). … [T]he evidence heard by the board was of no materiality in a court proceeding to determine the validity of the ordinance.” Barrett v. Building Inspector of Peabody, 354 Mass. 38, 45 (1968).

Commonwealth v. A. Graziano, Inc.

35 Mass. App. Ct. 69 · Massachusetts Appeals Court · Jul 30, 1993

See Mendes v. Board of Appeals of Barnstable, 28 Mass. App. Ct. 527, 528-530 (1990). In August, 1985, Graziano erected the silo — his third on the locus — which sparked this controversy. … See Commonwealth v. Pope, 406 Mass. 581, 584 (1990).

Ogden Suffolk Downs, Inc. v. City of Boston

18 Mass. App. Ct. 101 · Massachusetts Appeals Court · May 4, 1984

Against Discrimination v. Liberty Mutual Ins. Co., 371 Mass. 186, 190-191 (1976); School Committee of Greenfield v. Greenfield Educ. Assn., 385 Mass. 70, 79-80 (1982). … See Kagan v. United Vacuum Appliance Corp., 357 Mass. 680, 683 (1970); Goes v. Feldman, 8 Mass. App. Ct. 84, 87-88 (1979).

Diamond v. Pappathanasi

78 Mass. App. Ct. 77 · Massachusetts Appeals Court · Oct 15, 2010

or that might be mooted by subsequent board action[,] . . . provides an opportunity for the board to determine if it will pursue other remedies or take other appropriate corrective actions [,] . . . … See generally Harhen v. Brown, 431 Mass. at 844 (distinguishing between “demand excused” cases and “demand refused” cases).

Figueiredo's Case

49 Mass. App. Ct. 906 · Massachusetts Appeals Court · Jun 2, 2000

Edwards v. Boland, 41 Mass. App. Ct. 375, 382 (1996). Expert evidence may be admitted if it will “assist the trier of fact... in understanding the evidence.” … Compare Sullivan v. First Mass.

Coletti v. Department of State Police

64 Mass. App. Ct. 222 · Massachusetts Appeals Court · Aug 8, 2005

In Alsabti v. … In these circumstances, Alsabti v. Board of Registration in Medicine, supra, provides strong support for upholding the decision of the department. Coletti relies on Derby Refining Co. v.

Stagman v. Kyhos

19 Mass. App. Ct. 590 · Massachusetts Appeals Court · Apr 3, 1985

*591 Brown, J. … Dorntee v. Lyons, 224 Mass. 256, 260 (1916). We are in agreement with the trial judge that the servient owners “did not ‘effectively block the easement.’” Brown v. Sneider, 9 Mass. App.

Commissioner of the Division of Unemployment Assistance v. Town Taxi of Cape Cod, Inc.

68 Mass. App. Ct. 426 · Massachusetts Appeals Court · Mar 12, 2007

L. c. 151 A, § 2, and detailed in Athol Daily News v. Board of Review of the Div. of Employment & Training, 439 Mass. 171, 175 (2003) (Athol Daily News). The commissioner of the division sought judicial review under G. … “We review the decision of the board according to the standards set forth in G.

Commonwealth v. Kines

37 Mass. App. Ct. 540 · Massachusetts Appeals Court · Oct 24, 1994

Brown, J. (concurring). If prosecutors do not see the light, they must be made to feel the heat. It seems, as I said in Commonwealth v. Dowdy, 36 Mass. App. … Ct. 271, 275-276 [1990] [Brown, J., concurring]), and of the other transgressions by the assistant district attorney, such as the improper questioning, see, e.g., Commonwealth v. Long, 17 Mass. App.

Murrow v. Emery

93 Mass. App. Ct. 1119 · Massachusetts Appeals Court · Jul 13, 2018

Somerville (board) to the defendant Kevin Emery. … Ct. 8 , 11-12 (2009), quoting from Standerwick v. Zoning Bd. of Appeals of Andover , 447 Mass. 20 , 31 (2006). See Bertrand v. Board of Appeals of Bourne , 58 Mass. App. Ct. 912 , 912 (2003) ; Dwyer , 73 Mass. App.

Harvard Student Agencies, Inc. v. Director of the Division of Employment Security

12 Mass. App. Ct. 871 · Massachusetts Appeals Court · Jun 8, 1981

The board of review found in effect that this constituted a waiver of the condition that he remain a student. … This issue, where the facts are not in dispute, is to be treated as a question of law, Director of the Div. of Employment Security v.

Rico's of the Berkshires, Inc. v. Alcoholic Beverages Control Commission

19 Mass. App. Ct. 1026 · Massachusetts Appeals Court · Apr 23, 1985

See Olde Towne Liquor Store, Inc. v. Alcoholic Beverages Control Commn., 372 Mass. 152, 153 (1977); Craven v. State Ethics Commn., 390 Mass. 191, 201 (1983); Boylston-Washington, Inc. v. … The authority of a local board to impose conditions upon a license is not unlimited. See Hub Nautical Supply Co. v. Alcoholic Beverages Control Commn., 11 Mass. App. Ct. 770, 774 (1981).

Commonwealth v. Harris

11 Mass. App. Ct. 165 · Massachusetts Appeals Court · Jan 16, 1981

She boarded a bus in front of the dance school at 6:50 p.m. There were approximately six to eight people aboard the bus, including the defendant, who continually stared at the victim. … left eye which was bloodshot, and wearing brown corduroy slacks and a jacket.

Commonwealth v. Martinez

34 Mass. App. Ct. 131 · Massachusetts Appeals Court · Feb 17, 1993

Brown, J. … Commonwealth v. Kozec, 21 Mass. App. Ct. 355, 367 (1985) (Brown, J., concurring). The judgments are reversed, and the verdicts are set aside. 5 So ordered.

Hood Industries, Inc. v. City Council of Leominster

23 Mass. App. Ct. 646 · Massachusetts Appeals Court · Mar 16, 1987

given to that board by the Legislature under G. … Board, of Registration in Medicine, 276 Mass. 566, 574 (1931).

Thibodeau v. Town of Seekonk

40 Mass. App. Ct. 367 · Massachusetts Appeals Court · Apr 30, 1996

See Martin v. School Comm. of Natick, 395 Mass. 461, 466 (1985). See also Boston Teachers Union, Local 66 v. School Comm. of Boston, 386 Mass. 197, 215 (1982); Haskell v. School Comm. of Framingham, 17 Mass. App. … See Martin v. School Comm. of Natick, 395 Mass. at 467 -469 & n.10. Compare Fogarty v. School Comm. of Palmer, 15 Mass. App. Ct. 1008, 1008-1009 (1983).

Commonwealth v. Toledo

66 Mass. App. Ct. 688 · Massachusetts Appeals Court · Jul 12, 2006

Following his receipt of this information, Officer Seoane immediately undertook several investigative efforts in an attempt to identify Fernando, including a reverse phone number inquiry, a motor vehicle license search, a board … The application described the target building as a brown, multi-unit apartment building made of brick and concrete with “the number 80 West Dedham Poder Unidad” on top of the front entrance.