Case law

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  • 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
  • Bartell v. Wellesley Housing Authority

    28 Mass. App. Ct. 306 · Massachusetts Appeals Court · Feb 28, 1990

    See Robinson v. Planning Bd. of Hingham, 6 Mass. App. Ct. 835, 836 (1978); Tebo v. Board of Appeals of Shrewsbury, 22 Mass. App. Ct. 618, 623 (1986), S.C., 400 Mass. 464 (1987); McDermott v. … Compare Kramer v. Board of Adjustment, Sea Girt, 80 N.J. Super. 454, 464 (1963).

    Cited 5 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
  • RICHARD SCOTT & Others v. PLANNING BOARD OF LAKEVILLE & Others (And a Companion Case).

    Massachusetts Appeals Court · Nov 29, 2023

    KCI Mgt., Inc . v. Board of Appeal of Boston, 54 Mass. App. Ct. 254, 259-260 (2002), quoting Adamowicz 5 v. Ipswich, 395 Mass. 757, 760 (1985). … See Cerel v. Natick, 2 Mass. App.

    Cited 0 timesUnpublished
  • Commonwealth v. Kastner

    76 Mass. App. Ct. 131 · Massachusetts Appeals Court · Jan 20, 2010

    Commonwealth v. Odgren, 455 Mass. 171 , 178-183 & n.22 (2009). See Commonwealth v. … Brown stain. The defendant claims error in the introduction of testimony of a police officer that he saw a brown stain on the carpet in the room in which the victim claimed she had been raped.

    Cited 9 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
  • Edwin R. Sage Co. v. Foley

    12 Mass. App. Ct. 20 · Massachusetts Appeals Court · Jun 2, 1981

    See Demoulas Super Mkts., Inc. v. Peter's Mkt. Basket, Inc., 5 Mass. App. Ct. 750 , 752 n.3 (1977); Schlager v. Board of Appeal of Boston, 9 Mass. App. Ct. 72 , 76 n.10 (1980). … See also Lowell Bar Assn. v. Loeb, 315 Mass. 176, 189-190 (1943); Carlson v. Lawrence H. Oppenheim Co., 334 Mass. 462, 465 (1956); Stow v. Marinelli, 352 Mass. 738, 744 (1967); Brown v.

    Cited 60 timesPublished
  • Trustees of Paul Revere Realty Trust v. Revere License Commission

    29 Mass. App. Ct. 11 · Massachusetts Appeals Court · Jul 18, 1990

    Brown, J. (concurring). I enthusiastically endorse the majority opinion. … Blakely v. Commissioner of Rev., 28 Mass. App. Ct. 499, 503 (1990) (Brown, J., concurring). When will communities learn that welfare recipients and the other less fortunate citizens among us have rights equal to all?

    Cited 1 timesPublished
  • Commonwealth v. Carballo

    9 Mass. App. Ct. 57 · Massachusetts Appeals Court · Jan 16, 1980

    Commonwealth v. Brown, 378 Mass. 165, 172 (1979). Commonwealth v. Robertson , 357 Mass, at 562. He was not compelled to accept the affidavits as true. Commonwealth v. Gwizdoski, 284 Mass. 578, 581 (1933). … Commonwealth v. Robertson , 357 Mass, at 562, quoting from Sharpe, petitioner, 322 Mass. 441, 444-445 (1948). Commonwealth v. Watson, supra at 839 . Commonwealth v. Brown, supra at 171 .

    Cited 4 timesPublished
  • Commonwealth v. Proia

    92 Mass. App. Ct. 824 · Massachusetts Appeals Court · Mar 2, 2018

    See Commonwealth v. … See, e.g., Boria, 440 Mass. at 420-421; Commonwealth v. Brown, 34 Mass. App. Ct. 222, 225-227 (1993).

    Cited 23 timesPublished
  • Commonwealth v. Flaherty

    1 Mass. App. Ct. 282 · Massachusetts Appeals Court · May 8, 1973

    See Commonwealth v. Cefalo, 357 Mass. 255 ; Commonwealth v. Cass, 358 Mass. 805 ; Commonwealth v. McGrath, 361 Mass. 431 . … See Kirby v. Illinois, 406 U. S. 682 ; Neil v. Biggers, 409 U. S. 188 . 4 The robber was observed by all three witnesses to have a large nose, wide open and bulgy eyes, and an icy stare. He had brown, bushy, kinky hair.

    Cited 13 timesPublished
  • Commissioner of Mental Health v. Gagne

    19 Mass. App. Ct. 545 · Massachusetts Appeals Court · Mar 28, 1985

    Commr. v. Commissioner of Correction, 382 Mass. 527, 532 (1981), quoting from Massachusetts Assn. of Independent Ins. Agents & Brokers, Inc. v. Commissioner of Ins., 373 Mass. 290, 293 (1977). See Group Ins. Commn. v. … See also Commonwealth v. Rodriguez, 316 Mass. 632, 646 (1978); Commonwealth v. Knowlton, 378 Mass. at 483 .

    Cited 1 timesPublished
  • Commonwealth v. Lassiter

    80 Mass. App. Ct. 125 · Massachusetts Appeals Court · Aug 16, 2011

    See Commonwealth v. Brown, 367 Mass. 24, 28 (1975); Commonwealth v. Fidler, 377 Mass. 192, 196-198 (1979); Commonwealth v. … See Lawrence v. Stearns, 11 Pick. 501 , 502 (1831); Commonwealth v. Brown, 367 Mass. at 28 ; Mass.R.Crim.P. 27(d), 378 Mass. 897 (1979).

    Cited 12 timesPublished
  • Buker v. Melanson

    8 Mass. App. Ct. 325 · Massachusetts Appeals Court · Sep 4, 1979

    In May, Melanson directed the plaintiff to pick up the horse of one Coffin for boarding. Sometime after the Coffin horse was boarded at Melpet, the plaintiff saw it rear *327 while Coffin’s daughter was riding it. … Nunes v. Perry, 113 Mass. 274, 276 (1873). Pataskas v. Judeikis, 327 Mass. 258, 259-260 (1951). Judgment affirmed.

    Cited 7 timesPublished
  • Scottie Industries, Inc. v. Donohoe

    1 Mass. App. Ct. 584 · Massachusetts Appeals Court · Dec 6, 1973

    Burns, 280 Mass. 222, 225 (1932); Coldwell v. New England Trust Co. 282 Mass. 45, 46, 49 (1933); Henshaw v. Brown, 299 Mass. 136, 139 (1937). … See, in this connection, Henshaw v. Brown, 299 Mass. 136, 137 (1937); Maltzman v. Hertz, 336 Mass. 704, 708-709 (1958); S. C. 340 Mass. 626 (1960).

    Cited 4 timesPublished
  • Commonwealth v. Rahilly

    13 Mass. App. Ct. 917 · Massachusetts Appeals Court · Jan 27, 1982

    Brown, 364 Mass. 471, 476-477 [1973]). The judge chose to pursue alternative (c). … Commonwealth v. Brown, 364 Mass. at 477 . Commonwealth v. MacDonald (No. 2), 368 Mass. 403, 409-410 (1975). Commonwealth v. Marvrellis, 3 Mass. App. Ct. 165, 166-167 (1975), and cases cited. 5.

    Cited 2 timesPublished
  • Gilmore v. Registrar of Motor Vehicles

    22 Mass. App. Ct. 920 · Massachusetts Appeals Court · May 15, 1986

    Commonwealth v. Mass. CRINC, 392 Mass. 79,89 (1984). … Group, Inc. v. Cheney, 380 Mass. 609, 616-618 (1980). The order of the judge of the Superior Court denying a preliminary injunction is affirmed. So ordered.

    Cited 2 timesPublished
  • Hogarth v. Sheriff of Suffolk County

    29 Mass. App. Ct. 1009 · Massachusetts Appeals Court · Dec 24, 1990

    Walker v. Board of Appeals of Harwich, 388 Mass. 42, 51 (1983). Chelmsford Trailer Park, Inc. v. Chelmsford, 393 Mass. 186, 197 (1984). … Dolan v. County of Suffolk, 310 Mass. 318, 322 (1941). Section 49 provided that certain employees were to be exempt from having their salaries set by the county personnel board.

    Cited 2 timesPublished
  • Bradley's Case

    56 Mass. App. Ct. 359 · Massachusetts Appeals Court · Nov 4, 2002

    One member of the board dissented. … There is no merit in the employer’s assertion, relying on an aspect of the process for determination of wage rates for public works contracts, see Construction Indus. of Massachusetts v.

    Cited 3 timesPublished
  • State Street Boston Corp. v. Commissioner of Revenue

    30 Mass. App. Ct. 920 · Massachusetts Appeals Court · Mar 19, 1991

    As in the case of Tilcon Massachusetts, Inc. v. … Decision of the Appellate Tax Board affirmed.

    Cited 1 timesPublished

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