Case law

Figueroa v. Director of the Department of Labor & Workforce Development

54 Mass. App. Ct. 64 · Massachusetts Appeals Court · Feb 28, 2002

Actually, the final administrative decision was made by the board of review of the Department of Labor and Workforce Development. The board’s composition and power in such matters are set out in G. … Finkelstein v. Board of Registration in Optometry, 370 Mass. 476, 478 (1976). In the last analysis, a regulation, like a statute, must be construed in a manner designed to advance the regulation’s manifest goals.

Schwartz v. Hri Hosp., Inc.

92 Mass. App. Ct. 1120 · Massachusetts Appeals Court · Dec 29, 2017

Schwartz's remaining whistleblower claims alleged in count two are based on the defendants' "collusion" with the Board of Registration in Medicine (board), their improper involvement in the board's investigation and its case … See Robinson v. Shell Oil Co. , 519 U.S. 337 , 346 (1997) ; Psy-Ed Corp. v. Klein , 459 Mass. 697 , 708-709 (2011).

Commonwealth v. Klusman

46 Mass. App. Ct. 919 · Massachusetts Appeals Court · Mar 25, 1999

See Commonwealth v. … The crime has nothing to do with the nature of the school’s or the school board’s interest in the property.” State v. Baez, 238 N.J. Super. 93, 97 (1990).

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.

Farrell Enterprises, Inc. v. Commissioner of Revenue

46 Mass. App. Ct. 564 · Massachusetts Appeals Court · Mar 30, 1999

See Parker Affiliated Cos. v. … The board correctly denied Farrell’s application for abatement. Judgment affirmed.

Ninety Six, LLC v. Wareham Fire District

Massachusetts Appeals Court · Feb 14, 2018

Meyer v. Planning Bd. of Westport, 29 Mass. App. Ct. 167, 170 (1990). "A planning board's rules and regulations, adopted under the requirements of G. … Palitz, 470 Mass. at 807, quoting from Cornell v. Board of Appeals of Dracut, 453 Mass. 888, 892 (2009). See Gates v. Planning Bd. of Dighton, 48 Mass. App.

Matteson's Case

11 Mass. App. Ct. 985 · Massachusetts Appeals Court · Apr 1, 1981

The board retained control over the case and thus could revise its previous action. See and compare Frizzi’s Case, 237 Mass. 460, 462 (1921), and M. DeMatteo Constr. Co. v. Board of Appeals of Hingham, 3 Mass. App. … Boyer v. Bowles, 316 Mass. 90, 95 (1944). There was no uncertainty as to the starting and fending dates of the period of interest accrual under G.

Commonwealth v. Jones

83 Mass. App. Ct. 296 · Massachusetts Appeals Court · Feb 15, 2013

When the officers removed the brown bag, they found a forty-ounce bottle of beer. … Commonwealth v. Cruz, 459 Mass. 459 , 462 n.7 (2011). See Whren v. United States, 517 U.S. 806, 812-813 (1996); Commonwealth v. Santana, 420 Mass. 205, 207-209 (1995); Commonwealth v.

Commonwealth v. Wallace

85 Mass. App. Ct. 123 · Massachusetts Appeals Court · Mar 21, 2014

1994 Nissan Maxima sedan (brown Maxima). … See Commonwealth v. Martin, 447 Mass. 274, 284 (2006); Commonwealth v. Burhoe, 3 Mass. App. Ct. 590 (1975).

Boyce v. Greater Lowell Regional Vocational Technical School District

7 Mass. App. Ct. 639 · Massachusetts Appeals Court · May 23, 1979

Instructively, the court referred to the taking authority conferred on the board of regional community colleges under G. L. c. 15, § 28, 8 and on city councils under G. … L’Huilier v. Fitchburg, 246 Mass. 349, 352 (1923). Nicklas v. New Bedford, 250 Mass. 471, 475 (1925). Jordan v. Bristol County Commrs., 268 Mass. 329, 333 (1929). Wine v. Commonwealth, 301 Mass. 451, 455-456 (1938).

Dracut v. Dracut Firefighters Union, IAFF Local 2586

Massachusetts Appeals Court · May 1, 2020

See generally Board of Higher Education v. … The application of the nondelegability doctrine has most recently been addressed in Board of Higher Educ. v.

Cameron Painting, Inc. v. University of Massachusetts

83 Mass. App. Ct. 345 · Massachusetts Appeals Court · Feb 25, 2013

Board of Appeals of Marshfield, 16 Mass. App. Ct. 29, 34 (1983), quoting from Sancta Maria Hosp. v. Cambridge, 369 Mass. 586, 595 (1976). … all authority, responsibility, rights, privileges, powers and duties customarily and traditionally exercised by governing boards of institutions of higher learning.”

Commonwealth v. Tripp

14 Mass. App. Ct. 997 · Massachusetts Appeals Court · Oct 7, 1982

Ct. 606, 614 (1976); and there was nothing to show that the defendant’s drugs were part of a larger “stash”, contrast Commonwealth v. Brown, 12 Mass. App. Ct. 988 (1981). Compare Commonwealth v. Wooden, 13 Mass. App. … See, e.g., Commonwealth v. Senati, supra at 306 (five bags of heroin); Commonwealth v. Wooden, supra at 423-424 (twelve packets of drugs worth $660).

Dupont v. Chief of Police of Pepperell

57 Mass. App. Ct. 690 · Massachusetts Appeals Court · Mar 31, 2003

Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 513 (1975), quoting from Hanlon v. Rollins, 286 Mass. 444, 447 (1934). … See Levy v. Board of Registration & Discipline in Medicine, 378 Mass. 519, 527-528 (1979).

Rooney v. Paul D. Osborne Desk Co.

38 Mass. App. Ct. 82 · Massachusetts Appeals Court · Jan 27, 1995

That is precisely what the board voted to do, the argument runs, and therefore § 21 precludes recovery. … The minutes were prepared by the plaintiff as corporate clerk; they are consistent with his handwritten notes of the board meeting.

Lynch v. James

44 Mass. App. Ct. 448 · Massachusetts Appeals Court · Mar 19, 1998

In Doe v. New Bedford Hous. … Authy. v. Hemingway, 363 Mass. 184 , 200 n.16 (1973). See Berman & Sons v. Jefferson, 379 Mass. 196 , 201 n.9 (1979).

Town of Wakefield v. Labor Relations Commission

45 Mass. App. Ct. 630 · Massachusetts Appeals Court · Oct 9, 1998

Therrien v. Labor Relations Commn., 390 Mass. 644, 648 (1983). Labor Relations Commn. v. Everett, 1 Mass. App. Ct. 826, 829-830 (1979). … See Board of Educ. v. Boston, 386 Mass. 103, 111 (1982); Somerville v. Somerville Mun. Employees Assn., 418 Mass. 21, 24-25 (1994); County of Suffolk v. Labor Relations Commn., 15 *633 Mass. App.

Commonwealth v. Johnson

53 Mass. App. Ct. 732 · Massachusetts Appeals Court · Feb 8, 2002

There was no evidence that the school or school board owned the property to which the police measured. … See State v. Ivory, 124 N.J. 582, 593 (1991). See also State v. Baez, 238 N.J. Super. 93, 97-98 (1990).

Heinricher v. Volvo Car Corporation

61 Mass. App. Ct. 313 · Massachusetts Appeals Court · Jun 10, 2004

See Attorney Gen. v. Brown, 400 Mass. 826, 829 (1987). See also Fidelity Fed. Sav. & Loan Assn. v. de la Cuesta, 458 U.S. 141, 153 (1982); Geier v. American Honda Motor Co., supra at 869. … Attorney Gen. v. Brown, supra at 829 .

Poskus v. Braemoor Nursing Home, Inc.

6 Mass. App. Ct. 896 · Massachusetts Appeals Court · Jun 22, 1978

See Tuttle v. Metz, 229 Mass. 272, 275 (1918); Adams v. Herbert, 345 Mass. 588, 590 (1963). 6 Corbin, Contracts § 1293 (1962). … But see Teletransmissions, Inc. v. David, 5 Mass. App. Ct. 864, 865 (1977) (Brown, J., concurring). 4. The defendant is entitled to its counterclaim for the amount paid above the allowable fee.