Case law

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  • VMS Realty Investment, Ltd. v. Keezer

    34 Mass. App. Ct. 119 · Massachusetts Appeals Court · Feb 4, 1993

    Brown, J. This is an appeal from a judgment in favor of the plaintiffs entered after a jury-waived trial in the Superior Court. Simply stated, the plaintiffs are holders of certain notes guaranteed by the defendants. … We would look with favor on a request, made in the manner prescribed in Yorke Mgmt. v.

    Cited 6 timesPublished
  • Police Department v. Fedorchuk

    48 Mass. App. Ct. 543 · Massachusetts Appeals Court · Feb 9, 2000

    Webster v. Board of Appeals of Reading, 349 Mass. 17, 19 (1965). See Steege v. Board of Appeals of Stow, 26 Mass. App. … The decision of such trial board shall be final.”

    Cited 5 timesPublished
  • Maider v. Town of Dover

    1 Mass. App. Ct. 683 · Massachusetts Appeals Court · Jan 29, 1974

    See Locatelli v. Medford, 287 Mass. 560 (1934) and Everpure Ice Mfg. Co. Inc. v. Board of Appeals of Lawrence, 324 Mass. 433, 438-439 (1949). … The reports of the board to the town meeting were not in evidence. In any event, the recommendations of the planning board to the town meeting would be only advisory and in no sense binding on the voters. Caires v.

    Cited 4 timesPublished
  • Commonwealth v. Martinez

    53 Mass. App. Ct. 327 · Massachusetts Appeals Court · Dec 4, 2001

    Brown, 11 Mass. App. Ct. 288, 295-297 (1981). 3 The defendant argues that because he objected to the cross-examination, we must review the judge’s rulings for prejudicial error. 4 See Commonwealth v. … In Commonwealth v. Brown, 11 Mass. App.

    Cited 1 timesPublished
  • Commonwealth v. Pearson

    87 Mass. App. Ct. 720 · Massachusetts Appeals Court · Aug 4, 2015

    Scanlon ran the license plate number through his on-board computer and learned that the plate was registered to a gray Oldsmobile owned by the defendant. … See Commonwealth v.

    Cited 3 timesPublished
  • Sullivan v. Town of 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. … See Director of the Div. of Employee Relations of the Dept. of Admn. & Fin. v. Labor Relations Commn., 370 Mass. 162, 167 (1976).

    Cited 1 timesPublished
  • Boston Seaman's Friend Society, Inc. v. Rifkin Management, Inc.

    19 Mass. App. Ct. 248 · Massachusetts Appeals Court · Jan 25, 1985

    Tinker v. Bessel, 213 Mass. 74, 76 (1912). See also Curtis v. Brown, 219 Mass. 157, 159 (1914). … See Tinker v. Bessel, 213 Mass. at 76-77 ; Curtis v. Brown, 219 Mass. at 159 . HI. Conclusion.

    Cited 12 timesPublished
  • Meridian at Windchime, Inc. v. Earth Tech, Inc.

    81 Mass. App. Ct. 128 · Massachusetts Appeals Court · Jan 17, 2012

    Earth Tech will decide if changes need approval from the Planning Board.” … In Craig v. Everett M.

    Cited 5 timesPublished
  • DiBiase v. Town of Rowley

    33 Mass. App. Ct. 928 · Massachusetts Appeals Court · Sep 9, 1992

    Roach v. Newton Redev. Authy., 381 Mass. 135, 136 (1980). Salem Country Club, Inc. v. Peabody Redev. Authy., 21 Mass. App. Ct. 433, 435 (1986). … See Perry v. Medeiros, 369 Mass. 836, 842 (1976).

    Cited 9 timesPublished
  • Dalrymple v. Town of Winthrop

    50 Mass. App. Ct. 611 · Massachusetts Appeals Court · Dec 28, 2000

    See Michnik-Zilberman v. … LaMonica denied that request, and the board upheld the denial.

    Cited 14 timesPublished
  • Brooks v. Piela

    61 Mass. App. Ct. 731 · Massachusetts Appeals Court · Aug 30, 2004

    Heistand v. Heistand, 384 Mass. 20, 27 (1981). See Buchanan v. … Dennis v. Dennis, 29 Mass. App.

    Cited 23 timesPublished
  • Bernardo's Case

    24 Mass. App. Ct. 48 · Massachusetts Appeals Court · Apr 13, 1987

    Cleary v. Cardullo’s, Inc., 347 Mass. 337, 344 (1964).” Casey v. Massachusetts Elec. Co., 392 Mass. 876, 879 (1984). … Because there is nothing pending before the board, Assuncao’s Case, supra, and because resolution of the question requires no expertise peculiar to the board, Casey v. Massachusetts Elec.

    Cited 4 timesPublished
  • School Committee v. Labor Relations Commission

    16 Mass. App. Ct. 46 · Massachusetts Appeals Court · May 19, 1983

    Because Nason was not certified to teach by the Board of Education (board) and because the school committee never requested the board to waive the certification requirement, Nason was not eligible for employment as a teacher … is a graduate of a four-year normal school approved by the board.”

    Cited 4 timesPublished
  • Commonwealth v. Ouellette

    58 Mass. App. Ct. 711 · Massachusetts Appeals Court · Aug 1, 2003

    Brown, J. … See and compare Commonwealth v.

    Cited 1 timesPublished
  • Commonwealth v. Thibeau

    11 Mass. App. Ct. 677 · Massachusetts Appeals Court · Apr 9, 1981

    See and compare Brown v. Texas, 443 U.S. 47, 50-52 (1979). The officer’s suspicion was bolstered by the defendant’s refusal to stop despite the officer’s repeated use of the siren to signal the defendant to do so. … Thus the bases for the sentencing strictures called for in North Carolina v. Pearce, 395 U.S. 711 (1969), and Blackledge v.

    Cited 2 timesPublished
  • Dougan v. Commissioner of Correction

    34 Mass. App. Ct. 147 · Massachusetts Appeals Court · Feb 18, 1993

    of specific events. 4 See Meachum v. … Meachum v. Fano, 427 U.S. 215 (1976).

    Cited 8 timesPublished
  • City of Boston v. Deputy Director

    59 Mass. App. Ct. 225 · Massachusetts Appeals Court · Sep 8, 2003

    Bus Serv., Inc. v. Commissioner of the Dept. of Employment & Training, 49 Mass. App. Ct. 445, 449-450 (2000), quoting from Goldstein v. Board of Registration of Chiropractors, 426 Mass. 606, 612 (1998). … If the board denies the applicatian for review, the commissioner’s decision is treated as that of the board and is subject to judicial review. G. L. c. 151A, §§ 41-42 . . . .” Still v.

    Cited 3 timesPublished
  • Keating v. Duxbury Housing Authority

    11 Mass. App. Ct. 934 · Massachusetts Appeals Court · Feb 17, 1981

    By reason of training as a lawyer and membership on the board of appeals of Duxbury, Forrest possessed some specialized knowledge about what an owner of real estate might expect in the way of zoning action. … After trial, it came to the plaintiff’s attention that, at the time of the taking, Forrest was an associate member, rather than a regular member, of the board of appeals of Duxbury.

    Cited 9 timesPublished
  • Granby Heights Ass'n v. Dean

    38 Mass. App. Ct. 266 · Massachusetts Appeals Court · Mar 21, 1995

    Loring v. Mercier, 318 Mass. 599, 601 (1945). Crittenton Hastings House of the Florence Crittenton League v. Board of Appeals of Boston, 25 Mass. App. Ct. 704, 712 (1988). … In Johnson v.

    Cited 6 timesPublished
  • HARLY B. SAVAGE v. BOARD OF APPEAL ON MOTOR VEHICLE LIABILITY POLICIES AND BONDS & Another.

    Massachusetts Appeals Court · Nov 25, 2024

    Sullivan v. Board of Appeal on Motor Vehicle Liab. Policies & Bonds, 97 Mass. App. Ct. 818, 821 (2020), quoting Haverhill Retirement Sys. v. … See generally Boston Retirement Bd. v.

    Cited 0 timesUnpublished

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