Case law

Commonwealth v. Evans

5 Mass. App. Ct. 843 · Massachusetts Appeals Court · Jun 24, 1977

Brown, J. (concurring). I would like to add that counseled lineups are to be encouraged (see Commonwealth v. Dickerson, 372 Mass. at 791, and prosecutorial errors are to be discouraged. Cf. Commonwealth v.

Commonwealth v. Stoute

10 Mass. App. Ct. 932 · Massachusetts Appeals Court · Dec 10, 1980

Compare Commonwealth v. LeBlanc, 364 Mass. at 13-14 . See also Commonwealth v. Brown, 9 Mass. App. Ct. 609, 612 (1980). … See Commonwealth v. Adams, 374 Mass. at 727-730 . Contrast Commonwealth v. Bolduc, 375 Mass. 530, 533-534, 542-543 (1978); Osborne v. Commonwealth, 378 Mass. 104, 113-115 (1979). 2.

W. D. Cowls, Inc. v. Woicekoski

7 Mass. App. Ct. 18 · Massachusetts Appeals Court · Jan 29, 1979

Brown, J. … The cases of Stedman v. Southbridge, 17 Pick. 162 , 165 (1835), Harding v. Medway, 10 Met. 465 , 469 (1845), and *21 Woburn v.

St. Paul Companies v. TIG Premier Insurance

58 Mass. App. Ct. 650 · Massachusetts Appeals Court · Jul 30, 2003

See Bindbeutel v. L. D. … Cannon v.

Indeck Maine Energy, LLC v. Commissioner of the Division of Energy Resources

72 Mass. App. Ct. 92 · Massachusetts Appeals Court · Jun 18, 2008

Massachusetts Assn. of Cosmetology Schs., Inc. v. Board of Registration in Cosmetology, 40 Mass. App. Ct. 706, 708 (1996). … Bank v. Board of Bank Incorporation, supra at 367-368 (banking industry); Everett Town Taxi, Inc. v. Aldermen of Everett, 366 Mass, at 538 (taxicabs).

Kiely v. Teradyne, Inc.

85 Mass. App. Ct. 431 · Massachusetts Appeals Court · Jun 6, 2014

Ct. at 795 , quoting from Dartt v. Browning-Ferris Indus., Inc. (Mass.), 427 Mass. 1 , 17a (1998). … (No. 1), 455 Mass, at 107, quoting from Dartt v. Browning-Ferris Indus., Inc. (Mass.), supra at 16. Nonetheless, “the award of punitive damages cannot be left to the unguided discretion of the jury.” Bain v.

I.S.K. Con of New England, Inc. v. City of Boston

19 Mass. App. Ct. 327 · Massachusetts Appeals Court · Feb 11, 1985

ISKCON filed abatement and exemption applications for Number 72 with the board of assessors for the fiscal years 1976, 1977 and 1978. … The board took no action on any of these applications within the time prescribed by G. L. c. 59, § 64.

Lily Transportation Corp. v. Royal Institutional Services, Inc.

64 Mass. App. Ct. 179 · Massachusetts Appeals Court · Aug 5, 2005

See Spence v. Boston Edison Co., 390 Mass. 604, 616 (1983); Levings v. Forbes & Wallace, Inc., 8 Mass. App. Ct. 498, 504 (1979); Doliner v. Brown, 21 Mass. App. Ct. 692, 697-698 (1986); Madan v. Royal Indem. … A negligent act can amount to a c. 93A violation if shown to have been separately deceptive, Glickman v. Brown, 21 Mass. App.

Eigerman v. Putnam Investments, Inc.

66 Mass. App. Ct. 222 · Massachusetts Appeals Court · May 2, 2006

Warner-Lambert Co. v. Execuquest Corp., supra. … Uno Restaurants, Inc. v. Boston Kenmore Realty Corp., supra. See Ayash v. Dana-Farber Cancer Inst., supra.

Commonwealth v. Gonzalez

90 Mass. App. Ct. 100 · Massachusetts Appeals Court · Aug 29, 2016

Commonwealth v. Nelson, 460 Mass. 564, 570-571 (2011). See Commonwealth v. Brown, 456 Mass. 708, 715 (2010), and cases cited. See also United States v. Leon, 468 U.S. 897, 920-921 (1984). … Nelson, supra, citing Brown, supra.

Commonwealth v. Moyles

45 Mass. App. Ct. 350 · Massachusetts Appeals Court · Aug 26, 1998

Brown, J. (concurring). I am in full agreement with the majority. … The majority cites merely two clear examples: Commonwealth v. Moore, 379 Mass. 106 (1979), and Commonwealth v. Drew, 397 Mass. 65 (1986).

Town of Shrewsbury v. Commissioner of the Department of Environmental Protection

38 Mass. App. Ct. 946 · Massachusetts Appeals Court · Apr 24, 1995

In February, 1991, the Department of Environmental Protection (department) issued an order to the Westborough Treatment Plant Board (board) requiring the board to cease composting operations at its waste-water treatment facility … There is nothing in Brookline v. Commissioner of the Dept. of Envtl.

Barbosa's Case

47 Mass. App. Ct. 236 · Massachusetts Appeals Court · Jul 7, 1999

Richard v. Arsenault, 349 Mass. 521, 524-525 (1965). Hunter v. Midwest Coast Transp., Inc., 400 Mass. 779, 782-783 (1987). … So interpreted, the January 31, 1997, decision of the DIA reviewing board is affirmed. So ordered. Hunter v. Midwest Coast Transp., Inc., 400 Mass. 779, 785 (1987).

Town of Uxbridge v. Travers

19 Mass. App. Ct. 951 · Massachusetts Appeals Court · Jan 22, 1985

See Decoulos v. Peabody, 360 Mass. 428, 429-430 (1971, where a similar regulation by a zoning ordinance was upheld). See also Filippone v. Mayor of Newton, 392 Mass. 622, 630 (1984). The case of Fluharty v. … The action, to be valid, should have been taken by the town’s board of health. The Fluharty decision is thus distinguishable. Charles B. Swartwood, III, for the defendants. Henry J. Lane, Town Counsel (Shelli C.

Commonwealth v. Alfonso A.

53 Mass. App. Ct. 279 · Massachusetts Appeals Court · Nov 28, 2001

See State v. … Germain, 396 Mass. 413, 416 (1985), the police officer’s affidavit described the items worn by the robber as follows: “a brown knit hat, a suede mask, brown work gloves, brown waistline vinyl jacket, blue ‘jox’ tennis shoes

Martin v. Town of Rockland

1 Mass. App. Ct. 167 · Massachusetts Appeals Court · Mar 15, 1973

Lanner v. Board of Appeal of Tewksbury, 348 Mass. 220, 228 . Crall v. Leominster, 362 Mass. 95 , 101-102 and cases cited. The plaintiffs argue to us that the zoning in this case resulted in “spot zoning.” … Lanner v. Board of Appeal of Tewksbury, 348 Mass. 220, 229-230 . Because of its location adjacent to established business districts and uses, the locus is distinguishable from other parcels in the residential zone.

Evans Products Co. v. D. J. Development Corp.

6 Mass. App. Ct. 306 · Massachusetts Appeals Court · May 1, 1978

Brown, J. The plaintiff (Evans), a supplier of materials to D. J. Development Corporation (D. … It was held in Gray v.

Visnick v. Hawley

69 Mass. App. Ct. 901 · Massachusetts Appeals Court · May 21, 2007

Brown v. Guerrier, 390 Mass. 631, 635 (1983), is not before us, since the defendants did not appeal the order denying their rule 60(b) motion. See Griffin v. Westfield, 35 Mass. App. Ct. 324 , 328-329 & n.6 (1993). … Authy. v. Olan, 435 Mass. 364, 372 (2001).

Commonwealth v. Johnson

82 Mass. App. Ct. 336 · Massachusetts Appeals Court · Aug 16, 2012

Commonwealth v. Santos, supra, quoting from Commonwealth v. Hooker, 52 Mass. App. Ct. 683, 688 (2001). Mere nervousness by the defendant is not enough. Commonwealth v. Brown, 75 Mass. App. Ct. 528, 534 (2009). … Compare Commonwealth v. Brown, 75 Mass. App. Ct. at 538 , and cases cited.

Davidson Pipe Supply Co., Inc. v. Johnson

14 Mass. App. Ct. 518 · Massachusetts Appeals Court · Oct 19, 1982

Rombola v. Cosindas, 351 Mass. 382, 384 (1966). See, e.g., Damiano v. National Grange Mut. Liab. Co., 316 Mass. 626, 629 (1944); King Features Syndicate, Inc. v. Cape Cod Bdcst. Co., 317 Mass. 652, 655 (1945); Nathan v. … See Brunswick Corp. v.