Case law

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.

Commonwealth v. Owen

61 Mass. App. Ct. 711 · Massachusetts Appeals Court · Aug 26, 2004

As was the case in Commonwealth v. … See Commonwealth v. Miranda, supra at 788 .

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.

Zaskey v. Town of Whately

61 Mass. App. Ct. 609 · Massachusetts Appeals Court · Aug 17, 2004

Zaskey appealed the board’s decision to the Land Court. He requested the judge to enter an order annulling the board’s decision and declaring that Chestnut Mountain Road is a public way. … Nor does the general rule “preclude a public board from showing that a clerical error was made [in the official record] or from correcting it.” Selectmen of Stockbridge v. Monument Inn, Inc., 14 Mass. App.

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.

Southern New England Conference Ass'n v. Town of Burlington

21 Mass. App. Ct. 701 · Massachusetts Appeals Court · Mar 18, 1986

See Attorney Gen. v. Dover, 327 Mass. 601 (1951); Sisters of the Holy Cross v. Brookline, 347 Mass. 486 (1964); The Bible Speaks v. Board of Appeals of Lenox, 8 Mass. App. Ct. 19 (1979). Cf. … Fogelman v. Chatham, supra at 588 .

Gardiner v. Commissioner of Correction

5 Mass. App. Ct. 425 · Massachusetts Appeals Court · Jun 21, 1977

This more humane approach (see Brown v. … See Wood v. Commissioner of Correction, 363 Mass. 79, 83 (1973).

Alex v. Boston Water & Sewer Commission

45 Mass. App. Ct. 914 · Massachusetts Appeals Court · Aug 21, 1998

L. c. 258, § 1, Spring v. Geriatric Authy. of Holyoke, 394 Mass. 274, 283 (1985), and summary judgment is properly entered where the plaintiff has not made proper presentment. Dattoli v. … Florio v. Kennedy, 18 Mass. App. Ct. 917 (1984). Judgment affirmed.

Commonwealth v. Dwyer

10 Mass. App. Ct. 707 · Massachusetts Appeals Court · Nov 14, 1980

See United States v. Frank, 520 F.2d 1287, 1292 (2d Cir. 1975), cert. denied, 423 U.S. 1087 (1976); State v. Brown, 549 S.W. 2d 336, 342-343 (Mo. 1977); State v. … Monsoor v. Gagnon, 497 F.2d 1126 (7th Cir. 1974); Peters v. State, 70 Wis. 2d 22, 35-37 (1975); *713 State v. Roller, 87 Wis. 2d 253, 283 (1979); Ryan v. State, 95 Wis. 2d 83, 90 (Ct. App. 1980).

Commonwealth v. Waite

93 Mass. App. Ct. 1114 · Massachusetts Appeals Court · Jun 6, 2018

Brown , 479 Mass. 163 , 168 (2018), quoting from Mass.R.Crim.P. 30(c)(3), as appearing in 435 Mass. 1501 (2001). … Brown , supra at 168-169. The defendant made the same ineffective assistance claims in his motion as he does here.

Henley-Lundgren Co. v. Commonwealth

27 Mass. App. Ct. 1195 · Massachusetts Appeals Court · Sep 19, 1989

The usual procedure was to refer the claim to the hearing examiner of the board of contract appeals and thence to the board, and this was done by January, 1983. … Section 6C has no bearing to the claim, unless the principle stated in Perkins School for the Blind v. Rate Setting Commn., 383 Mass. 825, 836 (1981), is applicable. 2.

Commonwealth v. Martin

73 Mass. App. Ct. 526 · Massachusetts Appeals Court · Jan 15, 2009

Brown, J. (dissenting). I respectfully dissent, as there is, in my view, an unclear line between Commonwealth v. Barros, 435 Mass. 171 (2001), and Commonwealth v. … Ct. 398, 408-409 (2006) (Brown, J., concurring), S.C., 449 Mass. 367 (2007).

Lussier v. Commissioner of Correction

3 Mass. App. Ct. 790 · Massachusetts Appeals Court · Dec 5, 1975

L. c. 279, § 8A, or in Dolan’s case, 101 Mass. 219 (1869), Harding v. State Bd. of Parole, 307 Mass. 217 (1940), Brown v. Com *791 missioner of Correction, 336 Mass. 718 (1968), or Carlino v. … Irwin, Jr., & Robert V. Greco, Assistant Attorneys General, for the defendants. Judgment affirmed.

Gudanowski v. Town of Northbridge

17 Mass. App. Ct. 414 · Massachusetts Appeals Court · Jan 23, 1984

Contributory Retirement Appeal Board, 309 Mass. 534, 535 (1941), and the Natick and MacKenzie decisions cited above. … See Stetson v.

Howard Johnson Co. v. Alcoholic Beverages Control Commission

24 Mass. App. Ct. 487 · Massachusetts Appeals Court · Jul 17, 1987

Connolly v. Alcoholic Beverages Control Commn., 334 Mass. 613, 618 (1956), cited in Great Atl. & Pac. Tea Co. v. Board of License Commrs., 387 Mass. 833, 837 (1983). … Cleary v. Cardullo’s, Inc., 347 Mass. 337, 343-344 (1964). School Comm. of Springfield v. Board of Educ., 362 Mass. 417 , 441 n.22 (1972).

Recore v. Town of Conway

59 Mass. App. Ct. 1 · Massachusetts Appeals Court · Aug 21, 2003

Tamerlane Realty Trust v. Board of Appeals of Provincetown, 23 Mass. App. Ct. 450, 453 (1987). See Mass.R.Civ.P. 52(a), as amended, 423 Mass. 1402 (1996). … The court in Hobart v.

Advanced Development Concepts, Inc. v. Town of Blackstone

33 Mass. App. Ct. 228 · Massachusetts Appeals Court · Aug 26, 1992

See Commonwealth v. S.S. Kresge, Co., 267 Mass. 145, 148 (1929); Commonwealth v. Zone Book, Inc., 372 Mass. 366, 369 (1977); Framingham Clinic, Inc. v. … See Woods v. Newton, 349 Mass. 373, 376-377 (1965); Sturges v. Chilmark, 380 Mass. 246, 249-251 (1980).

Davisson v. Davisson

12 Mass. App. Ct. 420 · Massachusetts Appeals Court · Sep 11, 1981

See Rudnick v. Rudnick, 288 Mass. 256, 257 (1934); Brown v. Brown, 323 Mass. 332, 334 (1948); Reed v. Reed, 340 Mass. 321, 322-323 (1960);. Ober v. Ober, 1 Mass. App. Ct. 32, 33-34 (1973). … See Clifford v. Clifford, 354 Mass. 545, 548 (1968), and cases cited; Putnam v. Putnam, 5 Mass. App. Ct. 10, 16-17 (1977); Singer v. Singer, 8 Mass. App. Ct. at 118-119; Bouchard v. Bouchard, post 899 (1981); Fort v.

Thorn Transit Systems International, Ltd. v. Massachusetts Bay Transportation Authority

40 Mass. App. Ct. 650 · Massachusetts Appeals Court · Jul 3, 1996

Brown, J. (concurring). I am in full agreement with the reasoning of the majority opinion. … Co. v. Commonwealth, 37 Mass. 392 , 401 (1994) (Brown, J., concurring).

Reilly v. Hopedale

Massachusetts Appeals Court · Mar 7, 2023

The core of the judge's reasoning was that, unlike Bowers v. Board of Appeals of Marshfield, 16 Mass. App. … See McDonnell v. Quirk, 22 Mass. App.