Case law

Pellegrino v. Springfield Parking Authority

69 Mass. App. Ct. 94 · Massachusetts Appeals Court · May 17, 2007

We will not enforce an illegal contract, see Arcidi v. National Assn. of Government Employees, Inc., 447 Mass. 616, 619-620 (2006); Tocci v. … . & H.R.R. v. York & Whitney Co., 215 Mass. 36, 40 (1913).

Dalvis, Inc. v. Coz

32 Mass. App. Ct. 736 · Massachusetts Appeals Court · Jun 26, 1992

See Lewis v. Emerson, 391 Mass. 517, 524 (1984); Capezzuto v. John Hancock Mut. Life Ins. Co., 394 Mass. 399, 402 (1985); Lobosco v. Donovan, 30 Mass. App. … Such notice of intent shall be sent by the landowner via certified mail to the mayor and city council of a city, or to the board of selectmen of a town, to its board of assessors and to its planning board and conservation

Commonwealth v. Cintron

Massachusetts Appeals Court · Mar 11, 2024

Commonwealth v. Brown, 456 Mass. 708, 709 n.1 (2010), S.C., 466 Mass. 1007 (2013). The trial judge allowed the defendant's motion for a required finding of not guilty of resisting arrest, G. … Commonwealth v. 5 The other person testified that he had left the license plates in his girlfriend's car.  6 Brown, 68 Mass. App.

Morganelli v. Building Inspector of Canton

7 Mass. App. Ct. 475 · Massachusetts Appeals Court · Apr 30, 1979

L. c. 40A, § 7. 13 Brady v. Board of Appeals of Westport, 348 Mass. 515, 518 (1965). … Board of Appeals of Plymouth, 340 Mass. at 233-234 . Onorati v. O’Donnell, 3 Mass. App. Ct. at 739.

Robertson v. Town of Plymouth

18 Mass. App. Ct. 592 · Massachusetts Appeals Court · Sep 28, 1984

See Lancaster v. Foley, 15 Mass. App. Ct. 967 (1983); Devine v. Nantucket, 16 Mass. App. Ct. 548 (1983); Hilde v. Dixon, 16 Mass. App. Ct. 981 (1983); Allen v. Batchelder, 17 Mass. App. Ct. 453 (1984); Krueger v. … See also Hilde v. Dixon, 16 Mass. App. Ct. 981 (1983). The board must use “reasonable diligence” to try to determine the owner from these sources. Hardy , at 580.

Commonwealth v. Shea

4 Mass. App. Ct. 823 · Massachusetts Appeals Court · Jun 25, 1976

Commonwealth v. Navarro, 2 Mass. App. Ct. 214, 222 (1974). Commonwealth v. Pignone, 3 Mass. App. Ct. 403, 410 (1975). Contrast Commonwealth v. Silva, 366 Mass. 402, 409-410 (1974). … See United States v. Jeffers, 342 U.S. 48 (1951); Jones v. United States, 362 U.S. 257 (1960); Alderman v. United States, 394 U.S. 165 (1969); Brown v. United States, 411 U.S. 223 (1973); United States v.

Dodson v. Maroney

15 Mass. App. Ct. 982 · Massachusetts Appeals Court · Apr 7, 1983

See Brown v. Sallinger, 214 Mass. 245, 247 (1913). An action seeking money damages for conversion does not fall within the jurisdiction of a Probate Court as set forth in G. L. c. 215, § 3. … McNulty v. Howe, 290 Mass. 597, 598 (1935). *983 See G. L. c. 215, § 44. LaChapelle v. United Shoe Mach. Corp., 318 Mass. 166, 169 (1945).

Saint Louis v. Baystate Medical Center, Inc.

30 Mass. App. Ct. 393 · Massachusetts Appeals Court · Mar 29, 1991

SAS received the nod from the hospital board, and an exclusive contract was made in February, 1983, to be effective September 1, 1983. … Doliner v. Brown, 21 Mass. App. Ct. 692, 695 (1986). WAG’s complaint is, however, that Dr.

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).

Kurlander v. School Committee of Williamstown

16 Mass. App. Ct. 350 · Massachusetts Appeals Court · Jul 13, 1983

Ct. 960, 961 (1978), and not frustrated by approval of an anomaly, see Board of Appeals of Hanover v. … See, e.g., Kinsella v. Board of Educ. of Cent. Sch. Dist. No. 7, 378 F. Supp. 54, 60 (W.D.N.Y. 1974), aff’d, 542 F.2d 1165 (2d Cir. 1976); Staton v. Mayes, 552 F.2d 908 (10th Cir.), cert. denied, 434 U.S. 907 (1977).

Commonwealth v. Correia

17 Mass. App. Ct. 233 · Massachusetts Appeals Court · Dec 14, 1983

Commonwealth v. … See Devoe v.

Commonwealth v. Fallon

53 Mass. App. Ct. 473 · Massachusetts Appeals Court · Dec 28, 2001

See, e.g., Commonwealth v. Brown, 23 Mass. App. Ct. 612, 614-615 (1987); Commonwealth v. Smith, 38 Mass. App. Ct. 324 , 325 n.1 (1995); Commonwealth v. Christian, 46 Mass. App. … Milton, 427 Mass. 18, 22-23 (1998), and Commonwealth v. Tate, 34 Mass. App. Ct. 446, 447-448 (1993); (2) that the judge employed an incorrect probable cause standard of proof, see Commonwealth v.

Watros v. GREATER LYNN MENTAL HEALTH & RETARD.

37 Mass. App. Ct. 657 · Massachusetts Appeals Court · Nov 22, 1994

Barvenik v. Board of Aldermen of Newton, 33 Mass. App. Ct. 129, 131-133 (1992) (footnotes omitted). These principles have been reiterated, in a summary judgment context, in Cohen v. … See also Lujan v.

Kindercare Learning Centers, Inc. v. Town of Westford

62 Mass. App. Ct. 924 · Massachusetts Appeals Court · Nov 29, 2004

L. c. 40A, § 17, from the adverse decision of the zoning board of appeals. … As a final point, the plaintiffs seek to have us distinguish Massachusetts Broken Stone Co. v.

Wolcott

32 Mass. App. Ct. 473 · Massachusetts Appeals Court · Apr 29, 1992

Brown v. Commissioner of Correction, 336 Mass. 718, 721 (1958). A prisoner even receives credit for time served under an invalid sentence. Manning v. Superintendent, Mass. … Brown, supra at 721 . Manning, supra at 396-397 . See also Lewis v. Commonwealth, 329 Mass. 445, 448 (1952).

Frassa v. Caulfield

22 Mass. App. Ct. 105 · Massachusetts Appeals Court · Apr 23, 1986

A single member of the Industrial Accident Board (board) denied the claim. … Co. v.

McGovern v. McGovern

77 Mass. App. Ct. 688 · Massachusetts Appeals Court · Sep 16, 2010

In Emery v. … Brown v. Sneider, 9 Mass. App. Ct. 329, 332 (1980).

Findlay's Case

77 Mass. App. Ct. 108 · Massachusetts Appeals Court · Jun 24, 2010

Student No. 9 v. Board of Educ., 440 Mass. 752, 763 (2004). Moreover, heightened deference is accorded to an agency’s contemporaneous interpretation of an enactment. See Biogen IDEC MA, Inc. v. … Treasurer & Receiver Gen., 454 Mass. at 187 , quoting from Goldberg v. Board of Health of Granby, 444 Mass. 627, 633 (2005).

T.D.J. Development Corp. v. Conservation Commission

36 Mass. App. Ct. 124 · Massachusetts Appeals Court · Feb 28, 1994

McSweeney v. Town Manager of Lexington, 379 Mass. 794, 800 (1980). Forsyth School for Dental Hygienists v. Board of Registration in Dentistry, 404 Mass. 211, 217 (1989). … See Forsyth School for Dental Hygienists v. Board of Registration in Dentistry, supra at 217-218.

Forni's Case

10 Mass. App. Ct. 850 · Massachusetts Appeals Court · Jul 29, 1980

See Kettleman v. Atkins, 229 Mass. 89, 92 (1918); McClean v. University Club, 327 Mass. 68, 73 (1951). The doctor reasserted his original opinion on redirect examination. Contrast Sullivan v. Boston Elev. … Ry., 224 Mass. 405, 406-407 (1916); Morris v. Lodgen, 343 Mass. 778 (1962).