Case law

Berman v. Alexander

57 Mass. App. Ct. 181 · Massachusetts Appeals Court · Jan 23, 2003

Richard remained president and CEO of Insta-Care, and was also made a member of the board of directors (board). … Fishman v.

Edinburg v. Massachusetts Mutual Life Insurance

22 Mass. App. Ct. 923 · Massachusetts Appeals Court · May 19, 1986

Brown, J. (concurring). As the majority opinion makes perfectly plain, the contention of the defendant Dorothy Edinburg is a “clearly independent issue raised here for the first time.” Royal Indem. Co. v. … See Kennedy v. Kennedy, 20 Mass. App. Ct. 559, 564 (1985) (Brown, *926 J., concurring). This time it appears that counsel has gone too far. See S.J.C.

Commonwealth v. Gallant

65 Mass. App. Ct. 409 · Massachusetts Appeals Court · Jan 19, 2006

Ct. 505, 514-521 (2004) (Brown, J., concurring), the use of such a “belt and suspenders approach to rebutting claims of duplicative convictions” is by no means unprecedented. In Commonwealth v. … See Commonwealth v. Pileeki, 62 Mass. App. Ct. at 519 (Brown, J., concurring). Cf. Kuklis v.

Eastern Savings Bank v. City of Salem

33 Mass. App. Ct. 140 · Massachusetts Appeals Court · Aug 3, 1992

See Bowers v. Board of Appeals of Marshfield, 16 Mass. App. Ct. 29 (1983). … Bowers v. Board of Appeals of Marshfield, 16 Mass. App.

Daley v. Town of Swampscott

11 Mass. App. Ct. 822 · Massachusetts Appeals Court · May 13, 1981

A member of the town’s board of selectmen testified that the board had ordered fences erected on or near the beach by littoral proprietors removed. Thomas E. … L. c. 41, §§ 69C-69E; Board of Pub. Works of Wellesley v. Selectmen of Wellesley, 377 Mass. 621, 626 [1979]) or upon its park commissioners (see G. L. c. 45, § § 4-5).

Gpt-Acton, LLC v. Department of Environmental Protection

64 Mass. App. Ct. 103 · Massachusetts Appeals Court · Jul 25, 2005

GPT contends that its properties should be regulated under Title 5. 3 Title 5 operates through local boards of health (local boards). 310 Code Mass. Regs. § 15.003 (1995). … See Martha’s Vineyard Land Bank Commn. v. Board of Assessors of W. Tisbury, 62 Mass. App.

Pidge v. Superintendent, Massachusetts Correctional Institution, Cedar Junction

32 Mass. App. Ct. 14 · Massachusetts Appeals Court · Jan 21, 1992

Nickerson v. … Those actions included the disciplinary board’s proceedings and the subsequent classification of the plaintiff by the department review board, *19 with the approval of the superintendent and the Commissioner of Correction

Feathler v. Feathler

33 Mass. App. Ct. 924 · Massachusetts Appeals Court · Sep 3, 1992

Compare Phillipson v. Board of Admn., Pub. Employees’ Retirement Sys., 3 Cal.3d 32, 46-50 (1970). … The judge cannot be faulted for fashioning an equitable division based on the information submitted by a witness from the retirement board. There was no abuse of discretion. See Rice v. Rice, 372 Mass. 398, 401 (1977).

Commonwealth v. Oreto

20 Mass. App. Ct. 581 · Massachusetts Appeals Court · Aug 13, 1985

Haefeli, 361 Mass. 271, 273-275, 280 (1972); Commonwealth v. Cavanaugh, 366 Mass. 277, 278, 281-283 (1974); Commonwealth v. … See South Dakota v. Opperman, 428 U.S. 364, 372-376 (1976); Commonwealth v. Matchett, 386 Mass. 492, 508-511 (1982). Cf. Commonwealth v. Ford, 394 Mass. 421, 424-425 (1985).

Cruz's Case

51 Mass. App. Ct. 26 · Massachusetts Appeals Court · Feb 21, 2001

The reviewing board affirmed the award of the legal fee, and the insurer now appeals from that decision. … See Bardon Trimount, Inc. v. Guyott, 49 Mass. App. Ct. 764, 779 (2000).

Commonwealth v. Bernardino Lopez

Massachusetts Appeals Court · Jul 17, 2025

Upon reentering the lot, the defendant walked to the rear of the box truck, reached the length of his arm underneath the bumper, and retrieved a brown bag. … Commonwealth v. Fan, 490 Mass. 433 , 453 (2022), quoting Commonwealth v. Odgren, 483 Mass. 41, 46 (2019).

Commonwealth v. Kaste

4 Mass. App. Ct. 589 · Massachusetts Appeals Court · Oct 13, 1976

Compare Commonwealth v. Beneficial Fin. Co. 360 Mass. 188, 302 (1971), cert. den. sub nom. Farrell v. Massachusetts, 407 U. S. 910 , and sub nom. Beneficial Fin. Co. v. Massachusetts, 407 U. S. 914 (1972). … Marra v. Botta Corp. 356 Mass. 569, 572-573 (1970). See Commonwealth v. Binkiewicz, 339 Mass. 590, 591 (1959).

Gavin v. Commonwealth

2 Mass. App. Ct. 833 · Massachusetts Appeals Court · May 8, 1974

inserted by St. 1962, c. 757, § 4, and as amended by St. 1968, c. 492, § 1) (director) and (b) the salaries payable under the job groups in the schedule to which they claim to have been “upgraded” in 1970 (compare Kirkpatrick v. … L. c. 18A, § 1, inserted by St. 1969, c. 838, § 1) (commissioner) forwarded to the director a copy of the 1969 decision *834 and recommendation of personnel appeals board (G.

Commonwealth v. Motta

34 Mass. App. Ct. 921 · Massachusetts Appeals Court · Mar 22, 1993

See Commonwealth v. Lyons, 409 Mass. 16, 19-22 (1990); Commonwealth v. Brown, 31 Mass. App. Ct. 574, 577-580 (1991). Cf. Commonwealth v. Bakoian, 412 Mass. 295, 298-302 (1992). … Commonwealth v. Germain , 396 Mass, at 418 n.7. Commonwealth v. Spano, 414 Mass. 178, 183, 185 (1993).

Commonwealth v. Bodden

24 Mass. App. Ct. 135 · Massachusetts Appeals Court · May 5, 1987

Brown, J. (concurring), I concur, albeit reluctantly, in the result because I do not think that Commonwealth v. Sanders, 383 Mass. 637 (1981), controls the instant circumstances. … See Commonwealth v. Williams, 6 Mass. App. Ct. 923, 924 (1978) (Brown, J., concurring).

Heritage Jeep-Eagle, Inc. v. Chrysler Corp.

39 Mass. App. Ct. 254 · Massachusetts Appeals Court · Sep 22, 1995

Brown, A Bill of Rights for Auto Dealers, 12 B.C. Indus. & Com. L. Rev. 757, 768 (1971). See Beard Motors, Inc. v. … See also Brown, Franchising Realities & Remedies, Forms Vol. § 12.02[2] (1994).

Curran v. Commissioner of Revenue

23 Mass. App. Ct. 965 · Massachusetts Appeals Court · Jan 22, 1987

The action was not brought until some four years after the plaintiffs should have appealed to the Appellate Tax Board from the denial of their application for abatement of the additional tax. Compare Iodice v. … There is nothing in the record to suggest that the remedy of appeal to the Appellate Tax Board would have been “seriously inadequate.” See Nearis v.

Commonwealth v. Perrot

38 Mass. App. Ct. 478 · Massachusetts Appeals Court · May 3, 1995

See Commonwealth v. … The proper remedy in this case is to refer the matter to the Board of Bar Overseers for whatever action that Board may find to be appropriate. That will be done.”

Town of Ware v. Town of Hardwick

67 Mass. App. Ct. 325 · Massachusetts Appeals Court · Sep 13, 2006

See Blair v. Selectmen of Brookline, 24 Mass. App. Ct. 261, 265 (1987); Lisbon v. Contributory Retirement Appeal Board, 41 Mass. App. Ct. 246 , 249 & n.5 (1996). … See Kobrin v. Board of Registration in Medicine, 444 Mass. 837, 844 (2005).

Commonwealth v. Lund

5 Mass. App. Ct. 884 · Massachusetts Appeals Court · Nov 1, 1977

See and compare Commonwealth v. Howard, 355 Mass. 526, 530 (1969); Commonwealth v. Bettencourt, 361 Mass. 515, 519 (1972); Commonwealth v. Blow, 370 Mass. 401, 404 (1976). Contrast Commonwealth v. … Roberta Thomas Brown, Legal Assistant to the District Attorney, for the Commonwealth. Judgment affirmed.