Case law

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).

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.

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.

Rodgers v. Conservation Commission of Barnstable

67 Mass. App. Ct. 200 · Massachusetts Appeals Court · Aug 24, 2006

Cohen v. Board of Registration in Pharmacy, 350 Mass. 246, 253 (1966), quoting from Universal Camera Corp. v. National Labor Relations Bd., 340 U.S. 474, 488 (1951). … See, e.g., Titcomb v. Board of Appeals of Sandwich, 64 Mass. App. Ct. 725, 731-732 (2005) (where the spirit of the by-law was permissive, the zoning board’s decision to allow a nonconforming use could be upheld).

Commonwealth v. Harbey

24 Mass. App. Ct. 326 · Massachusetts Appeals Court · Jun 12, 1987

Brown, J. The Commonwealth appeals from an order allowing the defendant’s motion to suppress a statement he made to the police. … See in this regard Commonwealth v. Brant, 8 Mass. App. Ct. 558 , 567-568 & n.3, 571-573 & n.8 (1979) (Brown, J., dissenting), S.C., 380 Mass. 876 (1980).

Stolzoff v. Waste Systems International, Inc.

58 Mass. App. Ct. 747 · Massachusetts Appeals Court · Aug 7, 2003

after July 24, 1995, and became acting chairman of the board for a few months in 1996. … See Nudd v.

Commonwealth v. James

8 Mass. App. Ct. 928 · Massachusetts Appeals Court · Nov 15, 1979

See Commonwealth v. Bernier, 359 Mass. 13, 16 (1971). These findings are supported by the evidence. Commonwealth v. Brown, 378 Mass. 165, 171 (1979). … See Commonwealth v.

Daly v. Commonwealth

29 Mass. App. Ct. 100 · Massachusetts Appeals Court · Jul 31, 1990

See Lovell v. Superintendent, N. Cent. Correctional Inst., 26 Mass. App. Ct. 35, 41 (1988) (Brown, J., concurring). … Commonwealth v. Tirrell, 382 Mass. 502, 513 (1981) (Kaplan, J. dissenting); Commonwealth v. Felton, 16 Mass. App. Ct. 63, 66 (1983).

Commonwealth v. Blackmer

77 Mass. App. Ct. 474 · Massachusetts Appeals Court · Aug 26, 2010

At the trial, she described the driver as a white male between the ages of thirty-five and forty with sandy brown hair, glasses, and a mustache. … Shortly afterwards, a campus police officer observed a brown sedan with the same license plate number.

Adoption of Karla

46 Mass. App. Ct. 64 · Massachusetts Appeals Court · Dec 29, 1998

Tausevich v. Board of Appeals of Stoughton, 402 Mass. 146, 148 (1988). … York Ford, Inc. v. Building Inspector & Zoning Administrator of Saugus, 38 Mass. App. Ct. 938, 941 (1995). See Tausevich v. Board of Appeals of Stoughton , 402 Mass, at 149.

Van Sicklin v. Nantucket Surveyors, LLC

111 N.E.3d 1113 · Massachusetts Appeals Court · Oct 23, 2018

Gregoire hired NSL to determine soil conditions and to determine if the property's septic system complied with State Sanitary Code Title V (Title V) as required by the Massachusetts board of health. … The septic system was subsequently installed, and on March 30, 2010, the Nantucket board of health issued a certificate of compliance, indicating the septic system's compliance with Title V.

Commonwealth v. Wallner

6 Mass. App. Ct. 886 · Massachusetts Appeals Court · Jun 2, 1978

See Commonwealth v. Howard, 355 Mass. 526, 530 (1969). See also Commonwealth v. Mannos, 311 Mass. 94, 115 (1942). 3. … See Commonwealth v. Sires, 370 Mass. at 544 n.2. But see Brown, Gross & Ryan, Future Judicial Oversight of the Conduct of Custodial Interrogations: A Growing Massachusetts Responsibility, 62 Mass.

Patry v. Harmony Homes, Inc.

10 Mass. App. Ct. 1 · Massachusetts Appeals Court · Jun 4, 1980

Compare the offer in Kohl v. Silver Lake Motors, Inc., supra at 798 n.3. … See, e.g., Levy v. Bendetson, 6 Mass. App.

Commonwealth v. Williams

5 Mass. App. Ct. 809 · Massachusetts Appeals Court · Apr 4, 1977

The evidence at the close of the Commonwealth’s case (see Commonwealth v. … the raiding officers, immediately prior to the execution of the search warrant, had looked through a front window of the house and observed the defendant stirring (and sniffing, according to one of the officers) a reddish brown

Commonwealth v. AmCan Enterprises, Inc.

47 Mass. App. Ct. 330 · Massachusetts Appeals Court · Jul 21, 1999

See Leardi v. Brown , 394 Mass, at 156-157. … Brown , 394 Mass, at 156, quoting from P. Lorillard Co. v. Federal Trade Commn., 186 F.2d 52, 58 (4th Cir. 1950).

Mello Construction, Inc. v. Division of Capital Asset Management

84 Mass. App. Ct. 625 · Massachusetts Appeals Court · Dec 18, 2013

Board of Registration in Med., 445 Mass. 291, 294 (2005); Clark v. Board of Registration of Social Wkrs., 464 Mass. 1008, 1009 (2013). … Hoffer v. Board of Registration in Med., 461 Mass. 451, 456 (2012), quoting from G. L. c. 249, § 4.

Berlo v. City of Boston

78 Mass. App. Ct. 111 · Massachusetts Appeals Court · Oct 15, 2010

, asserting jurisdiction to review the board’s decision pursuant to G. … Sullivan v. Brookline, 435 Mass. 353, 360 (2001).

Viveiros's Case

53 Mass. App. Ct. 296 · Massachusetts Appeals Court · Nov 28, 2001

See Sponatski’s Case, 220 Mass. 526, 527-528 (1915); Patterson v. Liberty Mut. Ins. Co., 48 Mass. App. Ct. 586, 592 (2000); G. … Commonwealth v. Mahoney, 400 Mass. 524, 527 (1987). It was within the judge’s discretion to admit the videotape. See Commonwealth v. Tobin, 392 Mass. 604, 613 (1984), citing Commonwealth v.

Commonwealth v. Perez

27 Mass. App. Ct. 550 · Massachusetts Appeals Court · Jul 13, 1989

Sergeant Guilmet proceeded to the garage, “grabbed” the informant, talked to him, and then, with another police officer, went over to an “older" brown or green Datsun automobile. … “Right in the car, in plain view from outside the car, ... we could see ... a brown paper bag with silver tin foil balls inside of it, it was open.”