Case law

Sullivan v. Town of Acton

38 Mass. App. Ct. 113 · Massachusetts Appeals Court · Feb 1, 1995

Board of Appeals of Hanover v. … The action was tried with the trustees’ action to invalidate the town planning board’s placement of conditions on its approval of a proposed subdivision of the parcel. See Sullivan v.

Commonwealth v. Bodden

11 Mass. App. Ct. 964 · Massachusetts Appeals Court · Mar 6, 1981

Beck v. Ohio, 379 U.S. 89, 91 (1964). Compare Brown v. Texas, 443 U.S. 47, 50-52 (1979). Only the defendant’s ethnicity and rate of movement were apparent to the officers at the time of the stop. … Commonwealth v. Andrews, 358 Mass. 721, 723 (1971). See Henry v. United States, 361 U.S. 98, 101-102 (1959). Contrast Commonwealth v. Pellier, 362 Mass. 621, 626 (1972); Commonwealth v.

Commonwealth v. Ronayne

8 Mass. App. Ct. 421 · Massachusetts Appeals Court · Oct 9, 1979

At that time, Officer Hertz observed Ronayne wearing a brown and tan striped jersey. … As the officers parked and alighted from the cruiser, the defendant Ronayne (still wearing a brown and tan striped shirt) and two other subjects left the alcove walking at a fast pace and entered Kip’s.

Spenlinhauer v. Town of Barnstable

80 Mass. App. Ct. 134 · Massachusetts Appeals Court · Aug 18, 2011

Dist. v. School Comm. of Wayland, 455 Mass. 561, 566 (2009), and, in doing so, view the record in the light most favorable to the non-moving party. See Augat Inc. v. Liberty Mut. Ins. Co., 410 Mass. 117, 120 (1991). … Id. at 394 , quoting from Board of Appeals of Hanover v.

Papale v. Westboro Country Club, Inc.

2 Mass. App. Ct. 313 · Massachusetts Appeals Court · May 28, 1974

The regulations of the town’s planning board were specifically adverted to in the agreement. … Compare Strumskis v. Tilenas, 268 Mass. 550, 553 (1929); Breitstein v. Blum, 356 Mass. 730 (1969); Galli-naro v. Fitzpatrick, 359 Mass. 6, 8-11 (1971).

Shawmut-Canton LLC v. Great Spring Waters of America, Inc.

62 Mass. App. Ct. 330 · Massachusetts Appeals Court · Oct 22, 2004

Despite efforts of Kisiel’s attorney to obtain permission to construct the fleet shop, the Canton zoning board of appeals (board) denied the application. … Compare Marram v.

DiPaolo v. Bradstreet Land Development Corp.

23 Mass. App. Ct. 928 · Massachusetts Appeals Court · Dec 8, 1986

See generally Owens v. Board of Appeals of Belmont, 11 Mass. App. Ct. 994, 995 (1981). … See Sturges v. Chilmark, 380 Mass. 246 , 253 & n.ll (1980); County Commrs. of Bristol v. Conservation Commn. of Dartmouth, 380 Mass. 706, 712-715 (1980). Nor is there anything in Mullin v.

Triton Regional District School Committee v. Triton Teachers Ass'n

7 Mass. App. Ct. 873 · Massachusetts Appeals Court · Mar 7, 1979

Board of Conciliation & Arbitration, 311 Mass. 223, 226 [1942]) and acted within the scope of the reference. … Kesslen Bros. v. Board of Conciliation & Arbitration, 339 Mass. 301, 302 (1959). Morceau v. Gould-Natl. Batteries, Inc., supra at 124.

Radley v. Johnson

25 Mass. App. Ct. 969 · Massachusetts Appeals Court · Mar 2, 1988

Following a hearing by the board in September, 1985, the application was denied on October 9, 1985. … Powers, Inc. v. Wayside, Inc., 343 Mass. 686, 691 (1962), quoting from Bruns v. Jordan Marsh Co., 305 Mass. 437, 445 (1940).

Grafton & Upton Railroad Company v. Burt

Massachusetts Appeals Court · Feb 12, 2026

See Bresler v. … Freeman v.

Commonwealth v. Rodrigues

6 Mass. App. Ct. 925 · Massachusetts Appeals Court · Sep 26, 1978

Brown v. Wong Gow Sue, 354 Mass. 646, 649 (1968). Commonwealth v. Thicker, 2 Mass. App. Ct. 328, 311 (1974). Commonwealth v. Bishop, 5 Mass. App. Ct. 738, 740 (1977). … See Commonwealth v. Patterson, 4 Mass. App. Ct. 70, 74 (1976). Contrast Green v. Richmond, 369 Mass. 47, 59-60 (1975); Commonwealth v. Wesley, ante 513, 515 (1978). Compare Commonwealth v.

Comeau's Case

Massachusetts Appeals Court · May 8, 2017

Although not dispositive, we note that the board's interpretation and application of G. L. c. 152, § 50, in this case is consistent with its decisions in other cases. See Charles v. … See Fabre v. Walton, 441 Mass. 9, 10 (2004).

Jarosz v. Palmer

49 Mass. App. Ct. 834 · Massachusetts Appeals Court · Aug 11, 2000

Tausevich v. Board of Appeals of Stoughton, 402 Mass. 146, 148-149 (1988), quoting from Restatement (Second) of Judgments § 13 (1982). … See Tausevich v. Board of Appeals of Stoughton, 402 Mass. at 149 (no preclusive effect given to an order for partial summary judgment where there was no appeal-able judgment or order).

Baser v. Spaulding

7 Mass. App. Ct. 268 · Massachusetts Appeals Court · Mar 22, 1979

Despite the church’s written objection, the board of selectmen (board) granted the license, and the Alcoholic Beverages Control Commission upheld the board’s action, ruling that "Chapter 138, section 16C is not applicable … Jasper v. Michael A. Dolan, Inc., 355 Mass. 17, 24 (1968). In Salerni v.

Commonwealth v. Marlborough

21 Mass. App. Ct. 944 · Massachusetts Appeals Court · Dec 26, 1985

which included the following: Lisa Toscano reported to the Worcester police department that a former boyfriend, Robert Marlborough (the defendant), had fired a shot through the window of her home and had driven off in a brown … See Chambers v. Maroney, 399 U.S. 42, 46-49 (1970); United States v. Ross, 456 U.S. 798, 825 (1982); Commonwealth v. Silva, 366 Mass. 402 (1974); Commonwealth v. Almeida, 373 Mass. 266, 272 (1977).

Pidge v. SUPERINTENDENT, MASS CORRECTIONAL INST

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

Janocha's Case

Massachusetts Appeals Court · May 2, 2018

Scheffler's Case, 419 Mass. at 255, quoting from Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 513 (1975). … Authy. v. Allianz Ins. Co., 413 Mass. 473, 479-480 (1992) (liability insurance); and Allmerica Financial Corp. v.

Hotchkiss v. State Racing Commission

45 Mass. App. Ct. 684 · Massachusetts Appeals Court · Nov 9, 1998

Arthurs v. Board of Registration in Med., 383 Mass. 299, 312-313 (1981). … See Sugarman v. Board of Registration in Med., 422 Mass. 338 , 345 n.14 (1996).

Commonwealth v. Gagne

27 Mass. App. Ct. 425 · Massachusetts Appeals Court · Jun 5, 1989

The victim described the man as being about five feet, eight inches tall, lean in build, and wearing a medium grey sleeveless “muscle” shirt and dark blue or black pinstriped pants; he had medium brown wavy hair which was … A Scituate police officer on foot patrol in the area received a police radio broadcast giving a description of the suspect as being about five feet, eight inches tall, with brown wavy hair, and wearing dark pinstriped pants

Puglisi v. School Committee of Whitman

11 Mass. App. Ct. 142 · Massachusetts Appeals Court · Jan 8, 1981

Bagby v. School Dist. No. 1, 186 Colo. 428, 432-434 (1974) (subjects discussed at private “superintendent’s conferences”). Kamlet v. Board of Educ. of Plainedge Union Free Sch. Dist., 91 Misc. 2d 1105, 1106-1108 (N.Y. … See Yaro v. Board of Appeals of Newburyport, 10 Mass. App. Ct. 587, 592 (1980); Toyah Independent School Dist. v. Pecos-Barstow Independent Sch. Dist., 466 S.W. 2d 377, 378-379 (Tex. Civ. App. 1971).