Case law

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.”

Commonwealth v. Rivera

52 Mass. App. Ct. 321 · Massachusetts Appeals Court · Aug 20, 2001

Brown, J. (concurring). Although I still adhere to the views set out in my dissent in Commonwealth v. Dowdy, 36 Mass. App. … In this regard, see Commonwealth v.

Warner v. Lexington Historic Districts Commission

64 Mass. App. Ct. 78 · Massachusetts Appeals Court · Jul 22, 2005

‘unless it is based on a legally untenable ground, or is unreasonable, whimsical, capricious or arbitrary.’ ” Gumley v. Board of Selectman of Nantucket, supr at 723, quoting from MacGibbon v. … See Wolfson v. Sun Oil Co., 357 Mass. 87, 89-90 (1970); Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 298 (1972); Delgaudio v. Board of Appeals of Medford, 1 Mass. App. Ct. 850, 850-851 (1973).

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).

Tenneco Inc. v. Commissioner of Revenue

57 Mass. App. Ct. 42 · Massachusetts Appeals Court · Jan 9, 2003

Although factual determinations by the board will be disturbed only if not supported by “substantial evidence,” Tenneco Inc. v. … Romano v. Weiss, 26 Mass. App. Ct. 162, 171 (1988), quoting from Commissioner of Int. Rev. v. National Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974). The decision of the board is affirmed.

Baker v. Monga

32 Mass. App. Ct. 450 · Massachusetts Appeals Court · Apr 27, 1992

Brown, J. This is an action under G. L. c. 254, §§ 5 and 5A, to enforce a lien under G. … L. c. 183A, § 6(5) and (c), see Tosney v. Chelmsford Village Condominium Assn., 397 Mass. 683, 686-687 (1986); Glickman v. Brown, 21 Mass. App.

Commonwealth v. Morgan

30 Mass. App. Ct. 685 · Massachusetts Appeals Court · Jun 18, 1991

See Commonwealth v. Daye, 393 Mass. at 57-61 ; Commonwealth v. Warren, 403 Mass. 137, 141 (1988); Commonwealth v. Mendrala, 20 Mass. App. Ct. 398, 400-401 (1985); Commonwealth v. Seminara, 20 Mass. App. … A “Brown, light — light brown.” Q “Light brown? Okay. And what about —” A “I’m not sure light or dark, but it was a tan boot.” Q “Tan boots?” A “Yah.” Q “Okay. And what about the pants?” A “He was wearing blue jeans.”

National Amusements, Inc. v. Commissioner of the Inspectional Services Department

26 Mass. App. Ct. 80 · Massachusetts Appeals Court · May 31, 1988

For this conclusion the judge cited Burlington v. Dunn, 318 Mass. 216, 219-220 , cert. denied, 326 U.S. 739 (1945), and Johnson v. Framingham, 354 Mass. 750, 753 (1968). … without affording that board a chance to consider the change.

Thomas v. Thomas

1 Mass. App. Ct. 292 · Massachusetts Appeals Court · May 10, 1973

Cohen v. Cohen, 319 Mass. 31, 34 . Rubinstein v. Rubinstein, 319 Mass. 568, 571 . Our attention has been called to Fla. … See Cohen v. Cohen, supra, at 34 ; Williams v. North Carolina, 317 U. S. 287, 298 ; Brown v. Brown, 123 So. 2d 382, 383 (Fla. App.). The issue of domicil is a question of fact to be determined from all the evidence.

USF Insurance Co. v. Langlois

86 Mass. App. Ct. 44 · Massachusetts Appeals Court · Jul 22, 2014

Langlois in their capacities as directors of Smith's Tavern, Inc. of Haverhill.  2 BROWN, J. … See Hazen Paper Co. v. United States Fid. & Guar.

Alford v. Boston Zoning Commission

84 Mass. App. Ct. 359 · Massachusetts Appeals Court · Oct 9, 2013

See Mullin v. Planning Board of Brewster, 17 Mass. App. Ct. 139, 142-143 (1983).” 6 On July 29, 2011, the defendants moved for summary judgment. … See Varga v. Board of Registration of Chiropractors, 411 Mass. 302, 304-308 (1991).

Espinal's Case

Massachusetts Appeals Court · Jul 29, 2020

Ct. 178, 181 n.6 (2007) (describing reviewing board's practice); Dembitzski v. Metro Flooring, Inc., 13 Mass. Workers' Comp. Rep. 348 (1999). … Scheffler's Case, 419 Mass. 251, 255 (1994), quoting from Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 513 (1975).

GORDON C. ANDREWS v. ZONING BOARD OF APPEALS OF HALIFAX & Others (And Two Consolidated Cases).

Massachusetts Appeals Court · Aug 1, 2024

Partnership v. Board of Appeals of Shirley, 461 Mass. 469, 477 (2012), quoting Connors v. … Wendy's Old Fashioned Hamburgers of N.Y., Inc. v. Board of Appeal of Billerica, 454 Mass. 374, 381 (2009).

Nova Assignments, Inc. v. Kunian

77 Mass. App. Ct. 34 · Massachusetts Appeals Court · Jun 16, 2010

Brown, J. (concurring). The attorney-client privilege should never be used to shield deceptive practices. The manners and “morals of the market place,” Meinhard v. … Energy Resources Corp. v. Porter, 14 Mass. App. Ct. 296, 304 (1982) (Brown, J., concurring).

Kline v. Shearwater Ass'n

63 Mass. App. Ct. 825 · Massachusetts Appeals Court · Jul 11, 2005

See, e.g., Amari v. Rent Control Board of Cambridge, 21 Mass. App. Ct. 598, 604 (1986) (deferring to board’s determination that unit was residential because of its primary use). … As the trial judge properly ruled, neither the board nor the committee owed a fiduciary duty to Kline individually. See Cigal v. Leader Dev. Corp., 408 Mass. 212, 219 (1990); Office One, Inc. v.

Commonwealth v. Harris

23 Mass. App. Ct. 687 · Massachusetts Appeals Court · Mar 25, 1987

Contrast Commonwealth v. Brown, 367 Mass. at 27-29 . *690 The prosecutor promptly moved for sentencing on nos. 78253 and 78255. … Commonwealth v. Fidler, 377 Mass. 192, 196,198-199, 201 (1979). If they made a mistake in the verdict on no. 78253, the mistake cannot be corrected now. 9 Commonwealth v. Brown, 367 Mass. at 27-29 .

Duracraft Corp. v. Holmes Products Corp.

42 Mass. App. Ct. 572 · Massachusetts Appeals Court · May 7, 1997

King v. … The National Labor Relations Board (Board), finding the action an unfair labor practice, ordered the defendant to withdraw the action, and the Court of Appeals enforced the Board’s order.

Pattison v. Labor Relations Commission

30 Mass. App. Ct. 9 · Massachusetts Appeals Court · Jan 24, 1991

In Johnston v. … In Bowen v.