Case law

Foster from Gloucester, Inc. v. City Council of Gloucester

10 Mass. App. Ct. 284 · Massachusetts Appeals Court · Jul 17, 1980

Compare Harris v. Board of Registration in Chiropody (Podiatry), 343 Mass. 536, 540 (1962). … Ott v. Board of Registration in Medicine, 276 Mass. at 574 .

Love v. Pratt

64 Mass. App. Ct. 454 · Massachusetts Appeals Court · Sep 6, 2005

Brown, J. (concurring). I concur in the reasoning and result reached by the majority. … See VMS Realty Inv., Ltd. v. Keezer, 34 Mass. App. Ct. 119 (1993). See also Petricca Constr. Co. v. Commonwealth, 37 Mass. App. Ct. 392, 402 (1994) (Brown, J., concurring).

Town of Orange v. Shay

68 Mass. App. Ct. 358 · Massachusetts Appeals Court · Mar 2, 2007

Tamerlane Realty Trust v. Board of Appeals of Provincetown, 23 Mass. App. Ct. 450, 453 (1987). … Bartlett v. Board of Appeals of *364 Lakeville, supra at 669 . See Davis v. Zoning Bd. of Chatham, 52 Mass. App. Ct. 349 , 353 n.9 (2001).

Robitaille v. Robitaille

34 Mass. App. Ct. 947 · Massachusetts Appeals Court · Jun 3, 1993

Ernest Robitaille repeated King Lear’s mistake: he gave his estate to his progeny in return for room and board. … Parker v. Russell, 133 Mass. 74, 77 (1882). Howe v. Watson, 179 Mass. 30, 39-40 (1901). Swartz v. Hafer, 354 Pa. 320, 324 (1946). 1 Corbin, Contracts § 148, at 654 (1963). 73 Am.

Commonwealth v. Caswell

85 Mass. App. Ct. 463 · Massachusetts Appeals Court · Jun 16, 2014

Brown, J. (dissenting). To paraphrase some of the language of the Reverend Dr. Martin Luther King, Jr., in his letter from Birmingham City Jail, 1 courts are thermostats, not thermometers. … Commonwealth v. Thomas, 44 Mass. App. Ct. 521, 529 (1998) (Brown, J., dissenting in part). Concluding as I do, I thus have no occasion to discuss the other claims of error. Rev. Dr.

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.

Commonwealth v. Ouellette

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

Brown, J. … See and compare Commonwealth v.

Minkin v. Commissioner of Revenue

40 Mass. App. Ct. 345 · Massachusetts Appeals Court · Apr 29, 1996

Here, the taxpayers’ (the four trusts, collectively) appeal to the Appellate Tax Board (board) was denied because the board, without a hearing, decided that the Commissioner of Revenue (commissioner) had rightly treated the … We reverse the board’s decision. In summary, these are the salient facts (as stipulated by the parties) considered by the board.

Brommage's Case

75 Mass. App. Ct. 825 · Massachusetts Appeals Court · Nov 25, 2009

See Orange v. Shay, 68 Mass. App. Ct. 358, 361-362 (2007), quoting from Johnston v. Johnston, 38 Mass. App. … See Coggin v. Massachusetts Parole Bd., 42 Mass. App. Ct. 584, 588-589 (1997).

Kimberly-Clark Corp. v. Commissioner of Revenue

83 Mass. App. Ct. 65 · Massachusetts Appeals Court · Jan 11, 2013

The board also properly considered the history of the Add Back Statutes to determine the intent of the Legislature. See EMC Corp. v. Commissioner of Rev., 433 Mass. at 570 . See also Smith v. … Syms Corp. v.

Knott v. Laythe

42 Mass. App. Ct. 908 · Massachusetts Appeals Court · Jan 22, 1997

a Full Board of Health insp Lead Paint?” … Co. v. Thomas, 417 Mass. 782, 791 (1994). 2. Measure of damages.

COMMONWEALTH v. DAVID J. CORDEIRO, JR.

102 Mass. App. Ct. 211 · Massachusetts Appeals Court · Jan 20, 2023

He also observed "the passenger seat floor board to be dry, compared to the driver's side floor board which was wet (dark wet spots consistent with a wet imprint)." … It was raining heavily, and the driver's side floor board was wet, while the passenger's side floor board was dry.

Gates v. Flood

57 Mass. App. Ct. 739 · Massachusetts Appeals Court · Apr 9, 2003

At a June 11, 1997, meeting of the Norfolk County retirement board, Josephine Shea — who, in addition to holding the position of superintendent of administration, was at the time also a member of the retirement board — made … Commonwealth v. Soares, 377 Mass. at 486 , 488-489 & n.33. In Commonwealth v.

Faria v. Third Bristol Division

14 Mass. App. Ct. 985 · Massachusetts Appeals Court · Aug 31, 1982

See Arthurs v. Board of Registration in Medicine, 383 Mass. 299, 317 (1981). 2. The appointing authority’s claim that the commission erred in reducing Faria’s penalty is somewhat more troublesome. … See Levy v. Board of Registration & Discipline in Medicine, 378 Mass. 519, 527-529 (1979).

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).

Brady v. City Council

59 Mass. App. Ct. 691 · Massachusetts Appeals Court · Oct 21, 2003

See, e.g., Carson v. Board of Appeals of Lexington, 321 Mass. 649, 652 (1947) (company under conditional contract to purchase land could apply for permit); Dion v. … See Kuklinska v. Planning Bd. of Wakefield, 357 Mass. 123, 129 (1970); Batchelder v. Planning Bd. of Yarmouth, 31 Mass. App. Ct. 104, 106-107 (1991); Silva v. Planning Board of Somerset, 34 Mass. App.

Noreast Fresh, Inc. v. Commissioner of Revenue

50 Mass. App. Ct. 352 · Massachusetts Appeals Court · Oct 27, 2000

Both the commissioner and the board liken Noreast’s case to Tilcon-Warren Quarries Inc. v. … Decision of the Appellate Tax Board reversed.

Penn v. Town of Barnstable

Massachusetts Appeals Court · Oct 7, 2019

See Libertarian Ass'n of Mass. v. … Selectmen of Canton, 346 Mass. 784 (1964); Fish v. Canton, 322 Mass. 219, 223 (1948). See also Doliner v.

Commonwealth v. Smith

40 Mass. App. Ct. 770 · Massachusetts Appeals Court · Jul 23, 1996

On that day, about 6:05 p.m., the defendant, holding a brown paper bag, was walking in a quadrant between the cell blocks. Inmates were milling about in this area. … Compare Rainer v. State, 763 S.W. 2d 615, 616 (Tex. Ct. App. 1989); United States v.

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.”