Case law

Kitras v. Town of Aquinnah

64 Mass. App. Ct. 285 · Massachusetts Appeals Court · Aug 18, 2005

Brown, J. Before us are the owners of certain landlocked lots lying within the town of Aquinnah (town) on Martha’s Vineyard. … Plaintiffs Gardner and Victoria Brown (collectively, Brown) own lot 238. Plaintiffs Eleanor Harding (as trustee of the Eleanor P. Harding Trust) and Mark Harding own two lots, numbered 554 and 555.

Lomberto v. Town of Franklin

27 Mass. App. Ct. 797 · Massachusetts Appeals Court · Sep 25, 1989

See Bloom v. Worcester, 363 Mass. 136, 145, 149 (1973). … As explained in Bloom v.

Commonwealth v. Montalvo

76 Mass. App. Ct. 319 · Massachusetts Appeals Court · Feb 25, 2010

See Commonwealth v. Boria, 440 Mass. 416, 419 (2003); Commonwealth v. Brown, 34 Mass. App. Ct. 222, 226 (1993). … Brown, 34 Mass. App. Ct. at 226 . See Boria, 440 Mass. at 421 ; Commonwealth v. Navarro, 39 Mass. App. Ct. 161, 169 (1995).

Leventhal v. American Discount Corp.

11 Mass. App. Ct. 959 · Massachusetts Appeals Court · Mar 4, 1981

See Lowell Bar Assn. v. Loeb, 315 Mass. 176, 189 (1943). See also Carilli v. Hersey, 303 Mass. 82, 84 (1939); Stow v. Marinelli, 352 Mass. 738, 743 (1967); Brown v. … See Leventhal v. Dockser, 361 Mass. 894 (1972).

KAREN BALCHUNAS & Another v. THOMAS FARDY.

Massachusetts Appeals Court · May 5, 2026

See Commonwealth v. Gonzalez, 22 Mass. App. Ct. 274, 277 n.5 (1986); see also Commonwealth v. … The two cases cited by the defendant, Pine v. Rust, 404 Mass. 411, 413-414 (1989), and Vita v.

Commonwealth v. Leinbach

29 Mass. App. Ct. 943 · Massachusetts Appeals Court · Aug 30, 1990

See Commonwealth v. Chappee, 397 Mass. 508, 520-521 (1986); Commonwealth v. Claudio, 405 Mass. 481, 485 (1989). … See Commonwealth v. Brown, 389 Mass. 382, 384 (1983). The statement was also evidence of Leinbach’s intent to sell the substance. See Commonwealth v. Bradshaw, 385 Mass. 244, 269 (1982).

BNE Massachusetts Corp. v. Sims

32 Mass. App. Ct. 190 · Massachusetts Appeals Court · Mar 2, 1992

See Sarrouf v. … See Sarrouf v.

Still v. Commissioner of the Department of Employment & Training

39 Mass. App. Ct. 502 · Massachusetts Appeals Court · Dec 6, 1995

A judge of the Springfield District Court affirmed the board’s decision on Still’s action for review pursuant to G. L. c. 151 A, § 42. This appeal followed. … Because the board adopted the findings of the review examiner, we consider the review examiner’s findings to be the findings of the board. See Torres v.

DaSilva's Case

6 Mass. App. Ct. 839 · Massachusetts Appeals Court · Feb 2, 1978

Rosen, adopted by the board, warranted the finding that the claimant’s injury (status asthmaticus) was caused by his exposure to cooking odors and fumes in the poorly ventilated kitchen of Snack Shop, Inc. … On the testimony in this case, the board was warranted in concluding that an agent which acts as an irritant, as opposed to an allergen, may be the cause of an injury in the legal sense. Compare Bober v.

Russell Management, Inc. v. Nantucket Conservation Foundation, Inc.

3 Mass. App. Ct. 782 · Massachusetts Appeals Court · Sep 19, 1975

Subdivision Control Law was not required; that more than fourteen days had passed without notice of any action by the planning board having been filed with the clerk; and that by reason of the planning board’s failure to … See Bloom v. Planning Board of Brookline, 346 Mass. 278, 283 (1963). The petitioner then moved for judgment on the pleadings, and the motion was allowed. *783 There was no error.

Commonwealth v. Evander E.

94 Mass. App. Ct. 1121 · Massachusetts Appeals Court · Feb 13, 2019

See Doe v. Attorney Gen ., 430 Mass. 155 , 168 (1999) ; Doe v. Attorney Gen. (No. 2) , 425 Mass. 217 , 222 (1997). Compare Doe, Sex Offender Registry Bd. No. 972 v. … No. 380316 v. Sex Offender Registry Bd ., 473 Mass. 297 , 298 (2015) (clear and convincing evidence standard applied at board hearings); Doe v. Attorney Gen.

Commonwealth v. Settipane

5 Mass. App. Ct. 648 · Massachusetts Appeals Court · Oct 24, 1977

Brown, J. (concurring). If there was error in the admission of the affidavits (see Commonwealth v. Franks, supra, and Commonwealth v. LeBlanc, supra), it was harmless beyond a reasonable doubt. Chapman v.

Commonwealth v. Burton

92 Mass. App. Ct. 1117 · Massachusetts Appeals Court · Dec 7, 2017

See Commonwealth v. Castillo , 66 Mass. App. … See Commonwealth v. Brown , 55 Mass. App.

Massachusetts Municipal Wholesale Electric Co. v. City of Springfield

49 Mass. App. Ct. 108 · Massachusetts Appeals Court · Apr 13, 2000

(board) to protest the inequity of the rate increases. … See Currens v. Board of Assessors of Boston, 370 Mass. 249, 253-254 (1976). We further see no error in the judge’s denial of the city’s motion for reconsideration.

Gudanowski v. Town of Northbridge

27 Mass. App. Ct. 1179 · Massachusetts Appeals Court · Jul 19, 1989

See Exeter Realty Corp. v. Bedford, 356 Mass. 399, 404 (1969). Exactly when an assessment shall be made for the construction of a sewer generally rests in the discretion of the responsible municipal board. Fairbanks v. … Assn. v. Brownell, 164 Mass. 306, 311, 313 (1895). Cheney v. Beverly, 188 Mass. 81, 83 (1905). Cf. McManus v. Boston, 320 Mass. 585, 587 (1947).

Skawski v. Greenfield Investors Property Development, LLC

Massachusetts Appeals Court · Feb 27, 2015

Assn. v. … See Spellman v. Shawmut Woodworking & Supply, Inc., 445 Mass. 675, 679 (2006), quoting from McStowe v.

Commonwealth v. Mills

51 Mass. App. Ct. 366 · Massachusetts Appeals Court · Apr 19, 2001

L. c. 266, § 30, from the Boston Retirement Board (BRB); three counts of perjury, G. L. c. 268, § 1A; three counts of pension fraud, G. L. c. 32, § 18; two counts of procurement fraud, G. … Ct. 215, 221-222 (1999) (Brown, J., dissenting); Commonwealth v. Geane, supra at 153. The motion for a required finding of not guilty as to the charges of larceny from the BRB should have been allowed.

Commonwealth v. Berg

37 Mass. App. Ct. 200 · Massachusetts Appeals Court · Aug 24, 1994

Commonwealth v. Brown, 392 Mass. 632, 636 (1984). 1. … As pointed out in Commonwealth v. Brown, 392 Mass. at 637 , since a “failure to make findings alone would not constitute reversible error,” see Commonwealth v. Brady, 380 Mass. 44, 52 (1980); Commonwealth v.

James v. Commissioner of Insurance

10 Mass. App. Ct. 883 · Massachusetts Appeals Court · Sep 10, 1980

Almeida Bus Lines, Inc. v. Department of Pub. Util., 348 Mass. 331, 340-341 (1965); Southern Valley Grain Dealers Assn. v. Board of County Commrs., 257 N.W.2d 425, 430 (N.D. 1977). 2. … Pierce v. Board of Appeals of Carver, 369 Mass. 804, 805-811 (1976). The case was submitted on briefs. Owen Gallagher for Gwendolyn James. Francis X. Bellotti, Attorney General é- E.

Commonwealth v. Wachira

92 Mass. App. Ct. 1122 · Massachusetts Appeals Court · Jan 10, 2018

Commonwealth v. Rivera , 460 Mass. 139 , 141 (2011). See Commonwealth v. Latimore , 378 Mass. 671 , 676-677 (1979). … See Commonwealth v. Brown , 451 Mass. 200 , 209 (2008). We disagree. First, the question (which prematurely assumed facts not in evidence, see Commonwealth v. McHugh , 17 Mass. App.