Case law

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  • Roketenetz v. Board of Assessors

    72 Mass. App. Ct. 907 · Massachusetts Appeals Court · Aug 18, 2008

    See Assessors of Provincetown v. Vara-Sorrentino Realty Trust, 369 Mass. 692, 694 (1976). See also 831 Code Mass. Regs. § 1.25 (2007) (referring to G. L. c. 231, §§ 61-67); G. … See Camara v. Municipal Ct., 387 U.S. 523, 529 (1967). 2 Decision of the Appellate Tax Board affirmed.

    Cited 1 timesPublished
  • Zanghi v. Board of Appeals

    61 Mass. App. Ct. 82 · Massachusetts Appeals Court · May 3, 2004

    Zanghi then filed a petition with the board of appeals of Bedford (board) to reverse the decision. After conducting a public hearing, the board unanimously voted to affirm the building inspector’s decision. … Serkin, Valuing Interest: Net Harm and Fair Market Value in Brown v. Legal Foundation of Washington, 37 Ind. L. Rev. 417 , 417 (2004). In Lopes v.

    Cited 5 timesPublished
  • Shea v. Board of Selectmen

    34 Mass. App. Ct. 333 · Massachusetts Appeals Court · Apr 15, 1993

    He also ruled that the board’s principal authority, Ramponi v. Selectmen of Weymouth, 26 Mass. App. … See Adie v. Mayor of Holyoke, 303 Mass. 295, 300 (1939); Fur *338 long v. Ayers, 305 Mass. 455, 456-457 (1940); Whalen v. Holyoke, 13 Mass. App. Ct. 446, 454 (1982).

    Cited 5 timesPublished
  • John Doe, Sex Offender Registry Board No. 524174 v. Sex Offender Registry Board

    Massachusetts Appeals Court · Dec 9, 2025

    No. 234076 v. Sex Offender Registry Bd., 484 Mass. 666 , 668, 673 (2020). … L. c. 30A, § 14, in which review is confined to the record of board proceedings, and the facial constitutionality of the classification scheme is presumed. See Doe, Sex Offender Registry Bd. No. 10800 v.

    Cited 0 timesPublished
  • 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.

    Cited 4 timesPublished
  • Bowen v. Board of Appeals

    36 Mass. App. Ct. 954 · Massachusetts Appeals Court · May 5, 1994

    Dugout, Inc. v. Board of Appeals of Canton, 357 Mass. 25 (1970). As those cases and the decision in Prudential Ins. Co. v. Board of Appeals of Westwood, 23 Mass. App. … Co. v. Blakely, 372 Mass. 86, 87-88 (1977). Krupp v. Gulf Oil Corp., 29 Mass. App. Ct. 116 , 120 & n.4 (1990).

    Cited 5 timesPublished
  • 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).

    Cited 1 timesPublished
  • Britton v. Zoning Board of Appeals

    59 Mass. App. Ct. 68 · Massachusetts Appeals Court · Aug 26, 2003

    See, e.g., Pendergast v. Board of Appeals of Barnstable, 331 Mass. at 558-559 ; Tambone v. Board of Appeal of Stoneham, *74 348 Mass. 359, 362-365 (1965); MacGibbon v. … Board of Appeals of Duxbury, 356 Mass. at 640-641 ; Parseghian v. Board of Zoning Appeal of Cambridge, 7 Mass. App. Ct. 879 (1979); Fitzsimonds v. Board of Appeals of Chatham, 21 Mass. App. Ct. at 56-57 ; Blasco v.

    Cited 52 timesPublished
  • Whitten v. Board of Appeals

    38 Mass. App. Ct. 949 · Massachusetts Appeals Court · Apr 27, 1995

    Bobrowski, Massachusetts Land Use and Planning Law § 6.1 (1993), citing Morin v. Board of Appeals of Leominster, 352 Mass. 620, 623 (1967), and Tamerlane Realty Trust v. Board of Appeals of Provincetown, 23 Mass. App. … See also the discussion of the meaning of “nonconforming use” in Mendes v. Board of Appeals of Barnstable, 28 Mass. App. Ct. 527, 528-529 (1990).

    Cited 2 timesPublished
  • Lapidus v. Board of Appeal

    51 Mass. App. Ct. 723 · Massachusetts Appeals Court · May 30, 2001

    Compare, e.g., Kolodny v. … ”), with Vokes v.

    Cited 3 timesPublished
  • Shaw v. Board of Selectmen

    36 Mass. App. Ct. 924 · Massachusetts Appeals Court · Mar 2, 1994

    Martin v. Crain, 471 U.S. 1077 (1985); Haskell v. School Comm. of Framingham, 17 Mass. App. Ct. 628, 631 (1984); Breslin v. School Comm. of Quincy, 20 Mass. App. Ct. 74, 80 (1985); Jermain v. … The cases of Debnam v. Belmont, 388 Mass. at 634-636 , and Gloucester v.

    Cited 3 timesPublished
  • 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).

    Cited 1 timesPublished
  • Goddard v. Board of Appeals

    13 Mass. App. Ct. 1001 · Massachusetts Appeals Court · Mar 26, 1982

    Lovequist v. Conservation Commn. of Dennis, 379 Mass. 7, 18-19 (1979). See Turnpike Realty Co. v. Dedham, 362 Mass. 221, 227-229 (1972). … MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635 (1970), does not control this case.

    Cited 1 timesPublished
  • Arrigo v. Planning Board of Franklin

    12 Mass. App. Ct. 802 · Massachusetts Appeals Court · Dec 21, 1981

    The applicable principles are illustrated by Warren v. Zoning Board of Appeals of Amherst, 383 Mass. 1, 9-13 (1981), and Raia v. Board of Appeals of No. Reading, 4 Mass. App. Ct. 318, 321-322 (1976). … S ee McCarthy v. Board of Appeals of Ashland, 354 Mass. 660, 662 (1968).

    Cited 40 timesPublished
  • Coombs v. Board of Selectmen

    26 Mass. App. Ct. 379 · Massachusetts Appeals Court · Sep 16, 1988

    Authy. v. Commonwealth, 9 Mass. App. Ct. 206, 223 (1980). … Hosmer, Inc. v. Commonwealth, 302 Mass. 495, 501 (1939).

    Cited 5 timesPublished
  • Fairbairn v. Planning Board of Barnstable

    5 Mass. App. Ct. 171 · Massachusetts Appeals Court · Mar 4, 1977

    Commn. 335 Mass. 372, 374-375 (1957); Natick Trust Co. v. Board of Bank Incorporation, 337 Mass. 615, 617 (1958); First Church of Christ, Scientist v. … Wadell v. Board of Zoning Appeals, 136 Conn. 1, 8-10 (1949). Hyson v. Montgomery County, 242 Md. 55, 67 (1966).

    Overruled on other grounds by Loring Hills Developers Trust v. Planning Bd. of Salem, 374 Mass. 343 (1978)Cited 38 timesPublished
  • Davis v. Zoning Board of Chatham

    52 Mass. App. Ct. 349 · Massachusetts Appeals Court · Aug 27, 2001

    See Cefalo v. Board of Appeals of Boston, 332 Mass. 178, 181 (1955); Ferrante v. Board of Appeals of Northampton, 345 Mass. 158, 162 (1962); Brockton Pub. Mkt., Inc. v. … Compare Martin v. Board of Appeals of Yarmouth, 20 Mass. App. Ct. 972, 973 (1985); Asack v. Board of Appeals of West-wood, 47 Mass. App.

    Cited 50 timesPublished
  • 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.

    Cited 68 timesPublished
  • Hopengarten v. Board of Appeals

    17 Mass. App. Ct. 1006 · Massachusetts Appeals Court · Feb 22, 1984

    See Maki v. Yarmouth, 340 Mass. 207, 213 (1960). Condition no. 7 is consistent with G. L. c. 40A, § 9, and with the by-law. … Ry. v. Aldermen of Newton, 371 Mass. 849, 852-853 (1977). Judgment affirmed. Conditions numbered 7 and 8 read (in part): “7.

    Cited 3 timesPublished
  • Lewicki v. Board of Appeals

    8 Mass. App. Ct. 906 · Massachusetts Appeals Court · Sep 27, 1979

    See Sullivan v. Board of Appeals of Canton, 345 Mass. 117, 119 (1962); *907 Wolfson v. Sun Oil Co., 357 Mass. 87, 90-91 (1970); Cass v. Board of Appeal of Fall River, 2 Mass. App. Ct. 555, 557-559 (1974). … Contrast Dion v. Board of Appeals of Waltham, 344 Mass. 547, 551-552 (1962); O’Brian v. Board of Appeals of Brockton, 3 Mass. App. Ct. 740 (1975).

    Cited 1 timesPublished

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