Case law

Opinions from 1658 to today.

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  • Melrose Fish & Game Club, Inc. v. Tennessee Gas Pipeline Co.

    89 Mass. App. Ct. 594 · Massachusetts Appeals Court · Jun 20, 2016

    In 1999, the planning board of Saugus (planning board) approved a subdivision plan (1999 subdivision plan) submitted by Brentwood Estates. … Cater v.

    Cited 4 timesPublished
  • Smith v. Town of Longmeadow

    29 Mass. App. Ct. 599 · Massachusetts Appeals Court · Dec 10, 1990

    See, e.g., Bell v. Mazza, 394 Mass. 176, 183-184 (1985); Pheasant Ridge As-socs. Ltd. Partnership v. Burlington, 399 Mass. 771, 781-782 (1987); Deas v. Dempsey, 403 Mass. 468, 470-471 (1988); Bally v. … Partnership v. Burlington, supra at 781 . Rosenfeld v. Board of Health of Chilmark, 27 Mass. App. Ct. 621, 626-627 (1989). The case is remanded for the entry of judgment for the defendants.

    Cited 10 timesPublished
  • Casavant v. Norwegian Cruise Line, Ltd.

    63 Mass. App. Ct. 785 · Massachusetts Appeals Court · Jun 30, 2005

    Co. v. Nippon Sanso K.K., 331 F.3d 153, 163 (1st Cir. 2003) (Boudin, C.J.) (“This case is about money, but only money, and should have been settled . . .”). … Co. v. Commonwealth, 37 Mass. App. Ct. 392, 402 (1994) (Brown J., concurring). “Rational thought and wise counseling are available at far less expense!.]” 1 Ibid. And, I might add, much less professional embarrassment.

    Cited 21 timesPublished
  • Blevins's Case

    15 Mass. App. Ct. 926 · Massachusetts Appeals Court · Jan 21, 1983

    The judge affirmed the decision of the reviewing board, which in substance found that the employee had sustained an injury to his neck in March, 1979, as a result of hauling a heavy hose in the performance of his duties as … progression of the employee’s underlying osteoarthritic disease and that his claim is therefore analogous to such cases as Pell v.

    Cited 1 timesPublished
  • Fafard v. Conservation Commission of Reading

    41 Mass. App. Ct. 565 · Massachusetts Appeals Court · Nov 7, 1996

    See Dowd v. Board of Appeals of Dover, 5 Mass. App. Ct. 148, 157 (1977); Fitzsimonds v. Zoning Bd. of Appeals of Chatham, 21 Mass. App. Ct. 53, 57 (1985); Solar v. Zoning Bd. of Appeals of Lincoln, 33 Mass. App. … Compare National Amusements, Inc. v. Boston, 29 Mass. App. Ct. at 305 ; Hamel v. Board of Health of Edgartown, 40 Mass. App. Ct. 420, 423 (1996).

    Cited 54 timesPublished
  • Commonwealth v. Fidler

    23 Mass. App. Ct. 506 · Massachusetts Appeals Court · Feb 17, 1987

    See Commonwealth v. Morrow, 363 Mass. 601, 608-609 (1973); Commonwealth v. Ferguson, 365 Mass. 1, 8-9 (1974). See also Brown v. Perkins, 1 Allen 89 (1861); Bass v. State, 172 So.2d 614 (Fla. Dist. Ct. … Commonwealth v.

    Cited 29 timesPublished
  • JEFFREY CAMPBELL v. MANSOUR ABDULLA & Others.

    Massachusetts Appeals Court · Aug 21, 2025

    Municipal Corporations, Board of health. Landlord and Tenant, Eviction, Reprisal against tenant. Statute, Construction. Summary Process. … Youghal, LLC v. Entwistle, 484 Mass. 1019 , 1023 (2020), citing G. L. c. 186, § 18. The landlord sent the notice to quit within a month of Coffey's complaint to the board of health.

    Cited 0 timesPublished
  • Flatley v. City of Malden

    40 Mass. App. Ct. 38 · Massachusetts Appeals Court · Feb 7, 1996

    Board of Pub. Works of Millis v. Aron, 374 Mass. 246 , 248 n.l (1978). … See Board of Pub. Works of Millis v. Aron , 374 Mass, at 248; Board of Pub. Works of Millis v. Aron, 387 Mass. 830 (1983). In the case at bar, Malden has one rate system based upon consumption. Judgment affirmed.

    Cited 3 timesPublished
  • Zerofski's Case

    12 Mass. App. Ct. 154 · Massachusetts Appeals Court · Jun 24, 1981

    The reviewing board (board) affirmed and adopted the findings and decision of the single member and made updated orders for the payment of compensation by the self-insurer. … See Burke v. Toothaker, 1 Mass. App. Ct. 234, 239 (1973).

    Cited 5 timesPublished
  • National Amusements, Inc. v. City of Boston

    29 Mass. App. Ct. 305 · Massachusetts Appeals Court · Sep 28, 1990

    See, e.g., Co-Ray Realty Co. v. Board of Zoning Adjustment of Boston, 328 Mass. 103, 109 (1951); McNeely v. Board of Appeal of Boston, 358 Mass. 94, 101 (1970); Sherrill House, Inc. v. … Circle Lounge & Grille, Inc. v. Board of Appeal of Boston, 324 Mass. 427, 429-430 (1949).

    Cited 19 timesPublished
  • Fijal v. Anderson

    49 Mass. App. Ct. 903 · Massachusetts Appeals Court · Apr 28, 2000

    See, e.g., Zullo v. Goguen, 423 Mass. 679 (1996) (restraining orders under G. L. c. 209A); Jones v. Manns, 33 Mass. App. Ct. 485 (1992) (civil contempt judgments); G. … L. c. 40A, § 17; Walker v. Board of Appeals of Harwich, 388 Mass. 42 (1983) (zoning board decisions). See also Pandey v. Ware Div. of the Dist. Ct. Dept., 412 Mass. 1002, 1003 (1992).

    Cited 7 timesPublished
  • Commonwealth v. Ramon

    31 Mass. App. Ct. 963 · Massachusetts Appeals Court · Jan 7, 1992

    Commonwealth v. Spence, 403 Mass. 179, 181 (1988). We continue to use the Draper standard (Draper v. … See Commonwealth v. Robinson , 403 Mass, at 164-166; Commonwealth v. Santana, 403 Mass. 167, 168, 171 (1988); Commonwealth v. Farrow, 403 Mass. 176, 177-178 (1988). Compare Commonwealth v.

    Cited 2 timesPublished
  • Central Water District Associates v. Commissioner of Revenue

    76 Mass. App. Ct. 311 · Massachusetts Appeals Court · Feb 23, 2010

    See Bruno v. Board of Appeals of Wrentham, 62 Mass. App. Ct. 527, 531-532 (2004). Decision of the Appellate Tax Board affirmed. The penalties were assessed under G. … The board’s decision is final as to findings of fact. G. L. c. 58A, § 13. See Syms Corp. v. Commissioner of Rev., 436 Mass. 505, 511 (2002).

    Cited 0 timesPublished
  • Perry v. Commissioner of Corporations & Taxation

    5 Mass. App. Ct. 780 · Massachusetts Appeals Court · Feb 25, 1977

    School Comm. of Springfield v. Board of Educ. 362 Mass. 417, 441, n.22 (1972). Devlin v. Commissioner of Correction, 364 Mass. 435, 439 (1973). Board of Educ. v. … See Cleary v. Cardullo’s, Inc. 347 Mass. 337, 343-344 (1964); School Comm. of Springfield, supra; Board of Educ. v. Assessor of Worcester, supra.

    Cited 2 timesPublished
  • Commonwealth v. Moquette

    53 Mass. App. Ct. 615 · Massachusetts Appeals Court · Jan 17, 2002

    Commonwealth v. Brown, 413 Mass. 693, 695 (1992), quoting from Blake v. Springfield St. Ry., 6 Mass. App. Ct. 553, 556 (1978). … Commonwealth v. Brown , 413 Mass, at 696. See Commonwealth v. Fuller, 22 Mass. App. Ct. 152, 155-156 (1986), S.C., 399 Mass. 678, 681-683 (1987) (rape victim’s postattack statements admitted as spontaneous utterance).

    Cited 3 timesPublished
  • Atkinson v. Town of Ipswich

    34 Mass. App. Ct. 663 · Massachusetts Appeals Court · Jun 25, 1993

    See Boston Neighborhood Taxi Assn. v. Department of Pub. Util., 410 Mass. 686, 692 (1991); Board of Educ. v. School Comm. of Quincy, 415 Mass. 240, 244 (1993); International Bhd. of Elec. Wkrs. v. Western Mass. Elec. … See Franklin v. Albert, 381 Mass. 611, 615-616 (1980).

    Cited 6 timesPublished
  • Devaney V. Town of Watertown

    13 Mass. App. Ct. 927 · Massachusetts Appeals Court · Feb 5, 1982

    See also Moynihan v. Arlington, 6 Mass. App. Ct. 960 (1978). John F. Desmond for the plaintiff. Gary S. Brackett, Town Counsel, for Watertown Retirement Board & another. Mary E. … See Moynihan v. Arlington, supra.

    Cited 12 timesPublished
  • Pentecost v. Town of Spencer

    29 Mass. App. Ct. 991 · Massachusetts Appeals Court · Nov 20, 1990

    Robinson v. Planning Bd. of Hingham, 6 Mass. App. Ct. 835, 836 (1978). Yaro v. Board of Appeals of Newburyport, 10 Mass. App. Ct. 587, 592 (1980). Tebo v. Board of Appeals of Shrewsbury, 22 Mass. App. … See Jones v. Taibbi, 400 Mass. 786, 791-792 (1987); Foley v. Lowell Sun Publishing Co., 404 Mass. 9, 11 (1989). Judgment affirmed.

    Cited 1 timesPublished
  • Powers v. Leno

    24 Mass. App. Ct. 381 · Massachusetts Appeals Court · Jun 24, 1987

    Pucciarelli, 387 Mass. 589, 595 (1982), quoting from Quaranto v. Silverman, 345 Mass. 423, 426 (1963). Datacomm Interface, Inc. v. Computerworld, Inc., 396 Mass. 760, 775-776 (1986). See generally, Board of Educ. v. … Connolly v. Connolly, 400 Mass. 1002, 1003 (1987). Kunen v. First Agricultural Natl. Bank, 6 Mass. App. Ct. 684, 685-687, 691-692 (1978). Iverson v. Board of Appeals of Dedham, 14 Mass. App. Ct. 951 (1982).

    Cited 40 timesPublished
  • Schulze v. Town of Huntington

    24 Mass. App. Ct. 416 · Massachusetts Appeals Court · Jul 1, 1987

    In a decision that went in detail into unsuccessful attempts to document the history of the path, the zoning board denied relief, and the Schulzes appealed, naming as defendants both the members of the zoning board and the … Compare United States v. 125.07 Acres of Land, 707 F.2d 11, 13-14 (1st Cir. 1983); W.D. Cowles, Inc. v. *419 Woicekoski, 7 Mass. App. Ct. at 19; Fenn v. Middleborough, 7 Mass. App. Ct. 80, 86-87 (1979); Witteveld v.

    Cited 2 timesPublished

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