Case law

Doe v. Sex Offender Registry Board

70 Mass. App. Ct. 309 · Massachusetts Appeals Court · Sep 28, 2007

Embers of Salisbury, Inc. v. Alcoholic Bev. Control Commn., 401 Mass. 526, 530 (1988). See also Covell v. … See Merisme v. Board of Appeals on Motor Vehicle Liab. Policies and Bonds, 27 Mass. App. Ct. 470, 473-476 (1989).

Bonan v. Board of Appeal

21 Mass. App. Ct. 678 · Massachusetts Appeals Court · Mar 11, 1986

See Altschuler v. Boston Rent Board, 386 Mass. 1009, 1010 (1982); Shalbey v. Board of Appeal of Norwood, 6 Mass. App. Ct. 521, 527 (1978). … Roman Catholic Archbishop v. Board of Appeal of the Bldg. Dept. of Boston, 268 Mass. 416, 418-419 (1929). Kane v. Board of Appeals of Medford, 273 Mass. 97, 103-105 (1930). Rousseau v.

Slavin v. Rent Control Board

26 Mass. App. Ct. 985 · Massachusetts Appeals Court · Oct 28, 1988

Were the language less than clear, we would be bound to give weight to the interpretation put upon it by the Board as the administrative agency in charge. See School Comm. of Wellesley v. … L. 239, § 2A, and Kahn v. Brookline Rent Control Bd., 394 Mass. 709 (1985). David Wm. Adams for Rent Control Board of Brookline. Herbert S. Lerman for the plaintiff. Burton A.

Shea v. Board of Appeals

35 Mass. App. Ct. 519 · Massachusetts Appeals Court · Nov 23, 1993

See Smalley v. Planning Bd. of Harwich, 10 Mass. App. Ct. 599, 603 (1980), and cases cited; Arrigo v. Planning Bd. of Franklin, 12 Mass. App. Ct. 802, 807 (1981); Corrigan v. … Compare Richard v. Planning Bd. of Acushnet, 10 Mass. App. Ct. 216, 218-220 (1980); Perry v. Planning Bd. of Nantucket, 15 Mass. App. Ct. at 150-153, 154-155 . Nasca v. Board of Appeals of Medway, 27 Mass. App.

Baxter v. Board of Appeals

29 Mass. App. Ct. 993 · Massachusetts Appeals Court · Nov 21, 1990

See Marotta v. Board of Appeals of Revere, 336 Mass. 199, 204 (1957); Waltham Motor Inn, Inc. v. La-Cava, 3 Mass. App. Ct. 210, 214-215 (1975), and cases there cited. … See Murray v. Board of Appeals of Barnstable, 22 Mass. App. Ct. 473, 476 (1986). As the judge found, that presumption was rebutted at trial by the evidence about the plaintiffs’ reasons for bringing the action.

Kirker v. Board of Appeals

33 Mass. App. Ct. 111 · Massachusetts Appeals Court · Jul 30, 1992

That decision was affirmed by this court in an unpublished memorandum, Osburn v. Board of Appeals of Raynham, 25 Mass. App. Ct. 1107 (1987), and the shed was torn down. … Compare McSorley v. Hancock, 11 Mass. App.

Quinn v. Rent Control Board

45 Mass. App. Ct. 357 · Massachusetts Appeals Court · Aug 27, 1998

In Civitarese v. … the board’s discretion, see Altschuler v.

Peterson v. Board of Assessors

62 Mass. App. Ct. 428 · Massachusetts Appeals Court · Nov 5, 2004

Decisions of the Appellate Tax Board must be supported by substantial evidence, see New Boston Garden Corp. v. … A reviewing court’s determination whether the board’s findings are warranted must be made on a consideration of the entire record, Cohen v.

Cox v. Board of Appeals

42 Mass. App. Ct. 422 · Massachusetts Appeals Court · Apr 3, 1997

See also Pierce v. Board of Appeals of Carver, 369 Mass. 804, 808-812 (1976). … Marashlian v. Zoning Board of Appeals of Newbury port, 421 Mass. 719, 721 (1996).

McDermott v. Board of Appeals

59 Mass. App. Ct. 457 · Massachusetts Appeals Court · Sep 30, 2003

Cohasset Heights, Ltd. v. Zoning Bd. of Appeals of Cohasset, 53 Mass. App. Ct. 116 (2001), counsels otherwise. … Bernstein v. Chief Bldg. Inspector & Bldg. Commr. of Falmouth, 52 Mass. App. Ct. 422, 427 (2001). Summary judgment is reversed.

McLaughlin v. Board of Selectmen

38 Mass. App. Ct. 162 · Massachusetts Appeals Court · Feb 24, 1995

See Meyer v. Planning Board of Westport, 29 Mass. App. Ct. 167, 169-170 (1990), for a general discussion of c. 41, § 81R waivers. … Subaru of New England, Inc. v. Board *172 of Appeals of Canton, 8 Mass. App. Ct. 483, 486 (1979) (citation omitted).

Olsen v. Teachers' Retirement Board

70 Mass. App. Ct. 429 · Massachusetts Appeals Court · Oct 9, 2007

L. c. 32, § 1, for purposes of calculating the plaintiffs’ retirement allowances. 2 After the Teachers’ Retirement Board (board) and the Contribu *430 tory Retirement Appeal Board (CRAB) 3 determined that they did not so … .” *432 In arguing for their respective interpretations of “regular compensation” — the board to exclude the stipend, and the plaintiffs to include it — both rely on Boston Assn. of Sch. Administrators & Supervisors v.

Board of Aldermen v. Maniace

45 Mass. App. Ct. 829 · Massachusetts Appeals Court · Dec 1, 1998

“The denial of special permits is within the discretion of the board. MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 638 (1970). Vazza Properties, Inc. v. City Council of Woburn, 1 Mass. App. … Board of Appeals of Canton, 8 Mass. App. Ct. 483, 486 (1979), quoting from Gulf Oil Corp. v. Board of Appeals of Framingham, 355 Mass. 275, 277-278 (1969).” ACW Realty Mgmt., Inc. v. Planning Bd. of Westfield, 40 Mass.

Gaillard v. Board of Appeals

6 Mass. App. Ct. 834 · Massachusetts Appeals Court · Jan 26, 1978

See Charbonnier v. Amico, 367 Mass. 146, 152-153 (1975) . Moreover, as there was no need in the circumstances to plead the statute relied on, it was not fatal for the plaintiffs to cite a version of G. … Springfield v. Commonwealth, 349 Mass. 267, 270 (1965).

Cornell v. Board of Appeals

72 Mass. App. Ct. 390 · Massachusetts Appeals Court · Aug 19, 2008

Although a zoning board may in its discretion grant a variance, it is not required to do so, because no one has a legal right to a variance. Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555, 557, 559 (1954). … In support of his argument to the contrary, Cornell cites McDermott v. Board of Appeals of Melrose, 59 Mass. App.

Doe v. Sex Offender Registry Board

81 Mass. App. Ct. 610 · Massachusetts Appeals Court · Apr 23, 2012

See Dusky v. United States, 362 U.S. 402, 402 (1960); Pate v. Robinson, 383 U.S. 375, 385 (1966). 4 But the analogy is not apt. The board’s proceedings are civil in nature, not criminal. … L. c. 6, § 178L, the board has the discretion to grant funds for sex offenders to retain an expert witness even when the board does not intend to use expert evidence. Doe, Sex Offender Registry Bd. No. 89230 v.

Doe v. Sex Offender Registry Board

85 Mass. App. Ct. 1 · Massachusetts Appeals Court · Feb 24, 2014

No. 151564 v. … No. 89230 v.

Pearson v. Board of Selectmen

49 Mass. App. Ct. 119 · Massachusetts Appeals Court · Apr 14, 2000

App. 3d 870, 878-879 (1973) (use of terms “board,” “commission,” “committee,” and “body” indicates that single individual acting as a hearing officer is not covered by California’s open meeting law [the Brown Act]). Cf. … Connelly v.

Kinchla v. Board of Appeals

11 Mass. App. Ct. 927 · Massachusetts Appeals Court · Feb 3, 1981

Board of Appeals of Canton, 1 Mass. App. Ct. 821 (1973). Dowd v. Board of Appeals of Dover, 5 Mass. App. Ct. 148 (1977). Subaru of New England, Inc. v. Board of Appeals of Canton, 8 Mass. App. Ct. 483, 487-488 (1979). … This is not a case where the board based its decision on a legally untenable ground (see , e.g., Tambone v. Board of Appeals of Stoneham, 348 Mass. 359 [1965]; MacGibbon v.

Gallagher v. Board of Appeals

44 Mass. App. Ct. 906 · Massachusetts Appeals Court · Dec 18, 1997

Needham v. Winslow Nurseries, Inc., 330 Mass. 95, 101 (1953). Building Inspector of Falmouth v. Gingrass, 338 Mass. 274, 275 (1959). Parrish v. Board of Appeal of Sharon, 351 Mass. 561, 567 (1967). Hume v. … Each of the discussions in Henry v. Board of Appeals of Dunstable and in Harvard v. Maxant, supra, referred to Lawrence v. Zoning Bd. of Appeals of N.