Case law

Fabrizio v. City of Quincy

9 Mass. App. Ct. 733 · Massachusetts Appeals Court · May 15, 1980

In February, 1977, the then mayor of Quincy appointed the plaintiff a member of the city’s board of assessors to serve a three-year term. … There was no violation of his “liberty” interest; the reasons given for his discharge did not “stigmatize” the plaintiff as that term was used in Board of Regents of State Colleges v. Roth, 408 U.S. 564, 573-574 (1972).

Monaghan v. Town of North Reading

7 Mass. App. Ct. 922 · Massachusetts Appeals Court · May 29, 1979

See Iddings v. Board of Appeals of Mansfield, 356 Mass. 742 (1970). See also Trottier v. Lebanon, 117 N.H. 148, 150-151 (1977); Casagrande v. Town Clerk of Harvard, 377 Mass. 703, 708 (1979). … Thus, as in Turnpike Realty Co. v.

Commonwealth v. One 2004 Audi Sedan Automobile

73 Mass. App. Ct. 311 · Massachusetts Appeals Court · Dec 16, 2008

See Commonwealth v. Fourteen Thousand Two Hundred Dollars, 421 Mass. 1, 8 (1995); Commonwealth v. Brown, 426 Mass. 475, 478 (1998). … One 1987 Mercury Cougar Automobile, 413 Mass. 534, 536 *320 (1992) (applying Mass.R.Civ.P. 56, 365 Mass. 824 [1974]); Commonwealth v. Brown, 426 Mass, at 480 (applying Mass. R.Civ.P. 6, 365 Mass. 747 [1974]).

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).

Brownlie v. Kanzaki Specialty Papers, Inc.

44 Mass. App. Ct. 408 · Massachusetts Appeals Court · Mar 12, 1998

See Matthews v. Ocean Spray Cranberries, Inc., 426 Mass. 122, 128 (1997). See also Dartt v. Browning-Ferris Indus., Inc. (Mass.), 427 Mass. 1 (1998). … Probative remarks, such as those made by Watanabe to Brown-lie, are ordinarily not to be judged as matter of law; they are for the jury to assess. See Fontaine v.

Merchants Insurance Group v. Spicer

88 Mass. App. Ct. 262 · Massachusetts Appeals Court · Sep 9, 2015

Judicial review of a final decision of the reviewing board is had in this court, not the Superior Court. G. L. c. 152, § 12. … Commonwealth v. Wynton W., 459 Mass. 745, 747 (2011), quoting from Insurance Rating Bd. v.

Greenfield v. Commissioner of Revenue

13 Mass. App. Ct. 486 · Massachusetts Appeals Court · Apr 28, 1982

The plaintiff did not appeal to the Appellate Tax Board, as permitted by § 26. … of Tax Appeals or (since 1937) the present Appellate Tax Board 7 and (2) that ever since 1930 (with the exception of the period from July 1, 1955, through July 1, 1968) the provisions of G.

Commonwealth v. Barrett

3 Mass. App. Ct. 8 · Massachusetts Appeals Court · Jan 23, 1975

See Gilday v. Commonwealth, 355 Mass. 799 (1969); Commonwealth v. Boudreau, 362 Mass. 378, 381-382 (1972); Commonwealth v. Brown, 2 Mass. App. Ct. 76, 82 (1974). 3 Mr. … Board of Educ. 366 Mass. 315, 339-350 (1974) (Tauro, C.J., addendum). 8 As previously indicated, we need not anticipate a case in which the trial judge has discretion to impose only a fine and has exercised it. 7 Cases taking

Commonwealth v. Araujo

38 Mass. App. Ct. 960 · Massachusetts Appeals Court · May 19, 1995

Commonwealth v. Brown, 401 Mass. 745, 748 (1988), and Commonwealth v. Almeida, 381 Mass. 420, 422 (1980), closely resemble the present case. … The defendants in both Brown and Almeida were charged, as here, with violations of G. L. c. 269, § 10, and prosecuted under a theory of constructive possession.

Bierig v. Everett Square Plaza Associates

34 Mass. App. Ct. 354 · Massachusetts Appeals Court · Apr 23, 1993

Contrast Commonwealth v. … See Board of Appeals of Wellesley v.

Commonwealth v. Martin

6 Mass. App. Ct. 624 · Massachusetts Appeals Court · Oct 17, 1978

Commonwealth v. Moran, supra at 170 . Commonwealth v. Brown, 354 Mass. 337, 345 (1968). Commonwealth v. Anderson, 362 Mass. 74, 77 (1972). Irby v. United States, 314 F.2d 251, 253 (D.C. … E.g., Commonwealth v. Gallant, 373 Mass. 577 (1977); Commonwealth v. Gonzales, 5 Mass. App. Ct. 705 (1977); Commonwealth v. Mamay, 5 Mass. App. Ct. 708 (1977); Commonwealth v. Brown, post 854 (1978). See Balthazar v.

Demoulas v. Demoulas

57 Mass. App. Ct. 456 · Massachusetts Appeals Court · Feb 26, 2003

Telemachus cites Demoulas IV, 432 Mass. at 67-68 ; Brown v. Boston, 353 Mass. 740, 744 (1968); Restatement of Restitution § 158 (1937); and Clark v. Commissioner, 40 B.T.A. 333 (1939), to support his argument. … So it is with Brown v. Boston, 353 Mass. at 744 , which states the traditional rule, “he who seeks equity must do equity,” again saying nothing as to the calculation method.

Farnum v. Mesiti Development

68 Mass. App. Ct. 419 · Massachusetts Appeals Court · Mar 12, 2007

Mesiti sought a special permit from the planning board of North Andover (board) to construct ninety-six town houses on a locus across the street from land owned by Famum. … After a hearing, the board granted a special permit to Mesiti. In an action brought in the Land Court pursuant to G. L. c. 40A, § 17, Famum sought to overturn the board’s decision.

Commonwealth v. Young

22 Mass. App. Ct. 452 · Massachusetts Appeals Court · Jun 26, 1986

Brown, J. (concurring). … See Commonwealth v. Kozec, 21 Mass. App. Ct. at 367 n.2 (Brown, J., concurring).

Plymouth County Bus Transportation, Inc. v. Greater New Bedford Regional Vocational Technical High School Committee

11 Mass. App. Ct. 551 · Massachusetts Appeals Court · Mar 11, 1981

Browne v. Turner, 174 Mass. 150, 159 (1899). Selectmen of Natick v. Boston & Albany R.R., 210 Mass. 229, 232 (1911). Plunkett v. Old Colony Trust Co., 233 Mass. 471, 474 (1919). McKenney v. … Board of Educ. v. Assessor of Worcester, 368 Mass. at 515-516 . See Brooks v. School Comm. of Gloucester, 5 Mass. App. Ct. 158, 163 (1977).

In re Steven E. Lombardo's Case

93 Mass. App. Ct. 1120 · Massachusetts Appeals Court · Jul 18, 2018

Similarly, the reviewing board did not err in affirming that determination. See Pilon's Case , 69 Mass. App. Ct. at 169 . 4 Decision of reviewing board affirmed . … See Fabre v. Walton , 441 Mass. 9 , 10-11 (2004).

Thibault v. Mack

19 Mass. App. Ct. 916 · Massachusetts Appeals Court · Dec 5, 1984

Although a motion for a new trial is ordinarily addressed to the discretion of the trial judge, Galvin v. Welsh Mfg. … Brown for the defendants. So ordered.

Commonwealth v. Fanara

47 Mass. App. Ct. 560 · Massachusetts Appeals Court · Aug 13, 1999

Lena testified on direct examination that she reported Fanara to the Board of Registration of Chiropractors (board) in May, 1993. 3 Defense counsel cross-examined Lena as to the details of her complaints to the board and … so, defense counsel used details of Lena’s report to the board to which she had not testified on direct examination.

James D. Shea Co. v. Perini Corp.

2 Mass. App. Ct. 912 · Massachusetts Appeals Court · Jan 10, 1975

Bennett v. Browne, 290 Mass. 84, 85 (1935). No such protection is extended to parties who are owed money by material suppliers who, in turn, have merely sold goods to a contractor for use on a project. Claycraft Co. v. … See American Air Filter Co. v. Innamorati Brothers, 358 Mass. 146, 149 (1970). The case of Holt & Bugbee Co. v.

Fletcher Fixed Income Alpha Fund, Ltd. v. Grant Thornton LLP

89 Mass. App. Ct. 718 · Massachusetts Appeals Court · Jul 14, 2016

Brown with her) for the plaintiffs. Grant J. Esposito, of New York, for Grant Thornton LLP. William M. Connolly, of Pennsylvania, for EisnerAmper LLP & another. Jonathan D. … The court in Tatro v.