Case law

Albahari v. Zoning Board of Appeals

76 Mass. App. Ct. 245 · Massachusetts Appeals Court · Feb 8, 2010

See, e.g., Spector v. … Board of Appeals of Brewster, 61 Mass. App. Ct. 1104 at n.7. In Framingham Clinic, Inc. v.

Moscatiello v. Board of Assessors

36 Mass. App. Ct. 622 · Massachusetts Appeals Court · Jun 7, 1994

The board of assessors denied the application, and, on appeal under G. L. c. 59, §§ 64 & 65, the Appellate Tax Board reversed without explicating its reasons. The Boston assessors appealed. … Decision of Appellate Tax Board reversed. Under G.

Board of Selectmen v. Granfield

17 Mass. App. Ct. 1011 · Massachusetts Appeals Court · Feb 24, 1984

The selectmen brought this action to terminate the defendants’ use of certain premises as a boarding house. The complaint consisted of three counts. … See Neuhaus v. Building Inspector of Marlborough, 11 Mass. App. Ct. 230, 232-236 (1981); William C. Bearce Corp. v. Building Inspector of Brockton, 11 Mass. App. Ct. 930 (1981); McDonald’s Corp. v. Seekonk, 12 Mass.

Henry v. Board of Appeals

36 Mass. App. Ct. 54 · Massachusetts Appeals Court · Feb 8, 1994

Steege v. Board of Appeals of Stow, 26 Mass. App. Ct. 970, 971 (1988). See also Sturbridge v. McDowell, 35 Mass. App. Ct. 924, 925 (1993). Webster’s Third New Intl. … The board relies upon our decision in Old Colony Council-Boy Scouts of America v. Zoning Bd. of Appeals of Plymouth, 31 Mass. App. Ct. 46, 47-49 (1991).

Chiancola v. Board of Appeals

65 Mass. App. Ct. 636 · Massachusetts Appeals Court · Mar 3, 2006

See Damaskos v. Board of Appeal of Boston, 359 Mass. 55, 61 (1971); Broderick v. Board of Appeal of Boston, 361 Mass. 472, 479 (1972); Hunt v. Milton Savings Bank, 2 Mass. App. Ct. 133, 140-141 (1974); Gamache v. … Copley v. Board of Appeals of Canton, 1 Mass. App. Ct. 821 (1973). The judge here correctly deferred to the board’s judgment.

Marvin v. Board of Appeals

5 Mass. App. Ct. 772 · Massachusetts Appeals Court · Jan 31, 1977

The judge did not err in allowing the defendants’ motion for summary judgment based on the uncontested affidavit of the town clerk that no notice of the appeal from the board’s decision (filed with the town clerk on September … Costello v. Board of Appeals of Lexington, 3 Mass. App. Ct. 441, 442-443 (1975). The authority of the Costello case has not been impaired by Pierce v.

Ruci v. Clients' Security Board

53 Mass. App. Ct. 737 · Massachusetts Appeals Court · Feb 11, 2002

Ballarin, Inc. v. Licensing Bd. of Boston, 49 Mass. App. Ct. 506, 511-512 (2000). … FIC Homes of Blackstone Inc. v. Conservation Commn. of Blackstone, 41 Mass. App. Ct. 681, 684-685 (1996). The claim for compensation must be remanded to the board for further action consistent with this opinion. Doe v.

Smith v. State Parole Board

17 Mass. App. Ct. 145 · Massachusetts Appeals Court · Nov 30, 1983

Hopper v. United States Parole Commn., 702 F.2d 842, 845 (9th Cir. 1983); cf. Stefanik v. State Board of Parole, 372 Mass. 726, 730 (1977). … Massachusetts Parole Board, 382 Mass. 494, 498 (1981); Gardiner v. Commissioner of Correction, 5 Mass. App. Ct. 425, 427 (1977); Commonwealth v. Carter, 10 Mass. App.

Heacock v. Rent Control Board

32 Mass. App. Ct. 31 · Massachusetts Appeals Court · Jan 29, 1992

See Trovato v. Walsh, 363 Mass. 533, 536 (1973). Mrs. … See Morris v. Board of Registration in Medicine, 405 Mass. 103, 110-111 (1989).

Martell v. Teachers' Retirement Board

20 Mass. App. Ct. 188 · Massachusetts Appeals Court · Jun 7, 1985

On the basis of Brown v. Taunton, 16 Mass. App. … Brown v. Taunton, 16 Mass. App. Ct. 614 (1983), confirmed the principle of LaCouture, supra.

Board of Appeals v. Lambergs

42 Mass. App. Ct. 411 · Massachusetts Appeals Court · Mar 28, 1997

See Capone v. … Twomey v. Board of Appeals of Medford, 7 Mass. App. Ct. 770, 772-773 (1979). See Gallant v. Worcester, 383 Mass. 707, 709-710 (1981); Mass.R.Civ.P. 8(a), 365 Mass. 749 (1974).

Planning Board of Cambridge v. Board of Zoning Appeal of Cambridge

7 Mass. App. Ct. 785 · Massachusetts Appeals Court · Jun 20, 1979

The power in the Superior Court to remand to the zoning board has been exercised and affirmed in Dowd v. Board of Appeals of Dover, 5 Mass. App. Ct. 148, 152-153 (1977). See Roberts-Haverhill Associates v. … Board of Appeals of Brookline, 362 Mass. 290, 300 (1972); Harrison v. Textron, Inc., 367 Mass. 540, 543 (1975); Williams v. Building Commr. of Boston, 1 Mass. App. Ct. at 481 ; and Roberts-Haverhill Associates v.

Board of Appeals v. Boyle

4 Mass. App. Ct. 824 · Massachusetts Appeals Court · Jun 25, 1976

See Shuman v. Board of Aldermen of Newton, 361 Mass. 758, 764-765 (1972). The board was not required to make detailed findings in support of its decision (Brockton Pub. Market, Inc. v. … Compare Cliff v. Board of Health of Amesbury, 343 Mass. 58, 62-63 (1961).

Corrigan v. Board of Appeals

35 Mass. App. Ct. 514 · Massachusetts Appeals Court · Nov 23, 1993

See Smalley v. Planning Bd. of Harwich, 10 Mass. App. Ct. 599, 603 (1980). There we said, “In acting under § 81P, a planning board’s judgment is confined to determining whether a plan shows a subdivision.” Id. at 604. … Another decision of major importance is Arrigo v. Planning Bd. of Franklin, 12 Mass. App. Ct. 802 (1981).

Howland v. Board of Appeals

13 Mass. App. Ct. 520 · Massachusetts Appeals Court · May 14, 1982

See Vazza Properties, Inc. v. City Council of Woburn, 1 Mass. App. … Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 299 (1972). . Because of our decision, it is not necessary to discuss the off-street loading requirement issue.

Dawson v. Board of Appeals

18 Mass. App. Ct. 962 · Massachusetts Appeals Court · Oct 17, 1984

See, e.g., Boston v. Massachusetts Bay Transp. Authy., 373 Mass. 819, 823 (1977). … Dobbs v. Board of Appeals of Northampton, 339 Mass. 684, 686 (1959). Here, there was an abandonment of the use of the property as a nursing home when the license to maintain a nursing home was surrendered.

Heavey v. Board of Appeals

58 Mass. App. Ct. 401 · Massachusetts Appeals Court · Jun 27, 2003

See generally Preston v. Board of Appeals of Hull, 51 Mass. App. Ct. 236 (2001). b. … Cameron v. Board of Appeals of Yarmouth, 23 Mass. App. Ct. 144, 149 (1986).

Costa v. Board of Selectmen

6 Mass. App. Ct. 516 · Massachusetts Appeals Court · Jul 25, 1978

Compare Ray v. Mayor of Everett, 328 Mass. 305, 309-310 (1952), with Stiles v. Municipal Council of Lowell, 229 Mass. 208, 210 (1918), and Beaumont v. … Contrast Scott v.

Robinson v. Board of Health

58 Mass. App. Ct. 394 · Massachusetts Appeals Court · Jun 27, 2003

See King v. Viscoloid Co., 219 Mass. 420, 425 (1914); Beeler v. Downey, 387 Mass. 609, 616 (1982); Massachusetts Med. Soc. v. Commissioner of Ins., 402 Mass. 44, 63 (1988); Dartt v. Browning-Ferris Indus., Inc. … Regs. § 15.410 (1995), or under its own stricter sewage regulations, Rosenfeld v. Board of Health of Chilmark, 27 Mass. App.

Lisbon v. Contributory Retirement Appeal Board

41 Mass. App. Ct. 246 · Massachusetts Appeals Court · Sep 4, 1996

(the board) rejected Lisbon’s claim. … L. c. 32, § 7, ‘gives to the local board [and subsequently on appeal to this Board], the determination whether, on the relevant evidence, the causal relationship exists.’ Noone v.