Case law

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.

Williams v. Bresnahan

27 Mass. App. Ct. 191 · Massachusetts Appeals Court · Apr 7, 1989

Brown, J. The plaintiff appeals from the entry of summary judgment in this medical malpractice action. … Bank v. Dawes, 369 Mass. 550, 554 (1976). Foley v. Matulewicz, 17 Mass. App. Ct. 1004, 1005 (1984).

Van Liew v. Eliopoulos / Hands on Technology Transfer, Inc.

Massachusetts Appeals Court · Aug 25, 2017

Amant v. … Scholz v. Delp, 473 Mass. 242, 251 (2015).

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).

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).

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.

Lumarose Equipment Corp. v. City of Springfield

15 Mass. App. Ct. 517 · Massachusetts Appeals Court · Mar 28, 1983

Ry. v. Mayor of Fall River, 308 Mass. 232, 235, 238 (1941). Singarella v. Boston, 342 Mass. at 388-389 . Urban Transp., Inc. v. Mayor of Boston, 373 Mass. at 697. Boston Gas Co. v. Boston, 13 Mass. App. … of the mayor under Plan A . . ., and also of the officer or the head of the department or of the chairman of the board, as the case may be, making the contract is affixed thereto ....

Chatham Conservation Foundation, Inc. v. Farber

56 Mass. App. Ct. 584 · Massachusetts Appeals Court · Nov 25, 2002

The Chatham zoning board of appeals (board of appeals) voted 3-2 in favor of granting the Farbers a special permit, but that was less than the required super majority. … Parkinson v. Board of Assessors of Medfield, 398 Mass. 112 , 113 n.l (1986) (restric- *591 tians allowed pursuant to statute are “important to the cause of environmental conservation”).

Bernstein v. Highland Associates of Worcester, Inc.

1 Mass. App. Ct. 132 · Massachusetts Appeals Court · Feb 27, 1973

Brown v. A. W. Perry Co. 325 Mass. 479, 481 . Furber v. Rodney, 331 Mass. 16, 18 . Lee v. Jerome Realty, Inc. 338 Mass. 150,152 . … Nieman v. Jacobs, supra, at 47. Koch v. Otis Elevator Co. 10 App. Div. 2d (N. Y.) 464, 466-467.

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.

Rauseo v. City of Everett

34 Mass. App. Ct. 935 · Massachusetts Appeals Court · May 19, 1993

Co. v. Aldermen of Chelsea, 407 Mass. 718, 722 (1990). A license may not be revoked arbitrarily. There must be a cause sufficient in law presented by the board at a hearing attended by the licensee. … See White Fuel Corp. v. Street Commrs. of Boston, 289 Mass. 337 (1935); Higgins v. License Commrs. of Quincy, 308 Mass. 142 (1941).

Town of Burlington v. Colonial Motor Hotel Corp.

3 Mass. App. Ct. 767 · Massachusetts Appeals Court · Jun 25, 1975

John Donnelly & Sons, Inc. v. Outdoor Advertising Bd. 361 Mass. 746, 748-752 (1972). Had the board granted a permit in contravention of a local by-law, the town could have proceeded under G. … L. c. 30A, § 14(1), as in effect prior to St. 1973, c. 1114, § 3 (see Selectmen of Truro v. Outdoor Advertising Bd. *768 346 Mass. 754, 758-760 [1964]), it thus lost its opportunity for review of the board’s decision.

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.

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).

Kelsey v. Panarelli

5 Mass. App. Ct. 480 · Massachusetts Appeals Court · Jun 30, 1977

Brown, J. The plaintiff (husband) appeals from a judgment of a Probate Court finding that he was still liable for support payments for a child who had attained the age of eighteen years. The facts are agreed. … Deary, Inc. v. Crane, 4 Mass. App. Ct. 719, 724 (1976). As the issue cannot be raised for the first time on appeal, we do not consider it. Henchey v. Cox, 348 Mass. 742, 747 (1965). Milton v. Civil Serv.

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).

Ellis v. Commissioner of the Department of Industrial Accidents

88 Mass. App. Ct. 381 · Massachusetts Appeals Court · Sep 18, 2015

judge or reviewing board. … As with Ellis v. Travelers Indem. Co., 77 Mass. App. Ct. 1104 (2010), see note 3, supra, we refer this case to the Board of Bar Overseers.

School Committee of Hanover v. Curry

3 Mass. App. Ct. 151 · Massachusetts Appeals Court · Apr 1, 1975

For example, the Supreme Court of New Jersey, in an action concerning the soundness and validity of the determination by a board of education to consolidate departmental chairmanships, stated that the decision of the board … Y. 1973), “The creation and abolition of positions within a school district, in good faith, are functions of boards of education.... The Board of Education may not delegate its authority to create or abolish positions.

Commonwealth v. McWhinnie

5 Mass. App. Ct. 877 · Massachusetts Appeals Court · Oct 20, 1977

Commonwealth v. Smith, 162 Mass. 508, 509-510 (1895). Commonwealth v. Balakin, 356 Mass. 547, 554-555 (1969). … Brown, Legal Assistant to the District Attorney, for the Commonwealth. Order denying motion for new trial affirmed. Judgments affirmed.