Case law

Bayer & Mingolla Industries, Inc. v. A. J. Orlando Contracting Co.

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

Brown, J. … Wolfe Co. v. *3 Baltimore Contractors, Inc., 355 Mass. 361, 365-367 (1969).

McCoy

2 Mass. App. Ct. 893 · Massachusetts Appeals Court · Nov 19, 1974

Inc. v. Yaselko, 279 Mass. 81, 85 [1932]; Board of Health of Franklin v. … Morash & Sons, Inc. v. Commonwealth, 363 Mass. 612, 619-624 (1973).

Commonwealth v. Fox

113 N.E.3d 933 · Massachusetts Appeals Court · Nov 1, 2018

Commonwealth v. Brown , 479 Mass. 163 , 168-169 (2018). … Ct. 576 , 587 (2006) (Brown, J., concurring) ("Where a constitutional construction of a challenged statute is possible, a facial challenge must be rejected"). 6 The statute is not unconstitutional as applied to the defendant

Gonzales's Case

12 Mass. App. Ct. 866 · Massachusetts Appeals Court · Jun 4, 1981

A judge of the Superior Court reversed the reviewing board’s decision and remanded the case to the Industrial Accident Board for the computation and payment of benefits to the widow and minor children. … See Reidy v. Old Colony Gas Co., 315 Mass. 631, 633-635 (1944); Zirpola v. T. & E. Casselman, Inc., 237 N.Y. 367, 370, 373 (1924).

Priore v. Sawyer

30 Mass. App. Ct. 943 · Massachusetts Appeals Court · Apr 24, 1991

This is an appeal by the plaintiff-abutter from a decision of the Superior Court affirming the board of zoning appeals (board) upholding the issuance of a building permit on registered land. … See also Ferzoco v. Board of Appeals of Falmouth, 29 Mass. App. Ct. 986, 987 (1990). We may take judicial notice of the record of a case. O’Neill v. Mencher, 21 Mass. App. Ct. 610, 613 (1986). In Adamowicz v.

BankBoston Corp. v. Commissioner of Revenue

68 Mass. App. Ct. 156 · Massachusetts Appeals Court · Feb 2, 2007

Decision of the Appellate Tax Board affirmed. … We concur with the board that the bank’s reliance on Commissioner of Rev. v. Baybank Middlesex, 421 Mass. 736 (1996), is misplaced. The case, which predated the effective date of G.

Matthews v. Rakiey

38 Mass. App. Ct. 490 · Massachusetts Appeals Court · May 5, 1995

Assignment of an inmate to the non-contact visiting room is not to be used as a form of punishment, nor is it to be used as a sanction of the Disciplinary Board.” … Subsequently, the disciplinary board found the plaintiff guilty of all charges in the reports and suspended all visiting privileges for forty-five days.

Marston v. Orlando

95 Mass. App. Ct. 526 · Massachusetts Appeals Court · Jun 25, 2019

Morris v. … The DIA docketed Norris's claim and assigned a DIA board number. For the four procedural stages of a workers' compensation dispute, see Fleming v. National Union Fire Ins.

Commonwealth v. Smith

7 Mass. App. Ct. 879 · Massachusetts Appeals Court · Mar 14, 1979

Brown, J. (dissenting). In my view, this is an easy case. There is no issue here of misidentification. The only question is whether the defendant participated in the destruction of the fence. 1. … See Commonwealth v. McGrath, 358 Mass. 814, 815 (1971). See generally Commonwealth v. Barras, 3 Mass. App. Ct. 43, 46-47 (1975).

Egbert v. FREEDOM FEDERAL SAVINGS & LOAN ASS'N

14 Mass. App. Ct. 383 · Massachusetts Appeals Court · Sep 10, 1982

The underlying purpose of § 545.8-3(f), as expressed by the board, pertains to all "due-on-sale" clauses. … Sav. & Loan Assn. v. de la Cuesta, 458 U.S. at 168-169 . It is not our function to question the "economic soundness" of the board's position. Id. at 169-170 .

Commonwealth v. Bowie

25 Mass. App. Ct. 70 · Massachusetts Appeals Court · Nov 18, 1987

Commonwealth v. Brown, 378 Mass. 165, 172 (1979). Commonwealth v. Ortiz, 393 Mass. 523, 536-537 (1984). … Commonwealth v. Brown , 378 Mass, at 172. See *86 Commonwealth v. Markham, 10 Mass. App. Ct. at 655 ; Commonwealth v. Siciliano, 19 Mass. App. Ct. 918, 919 (1984).

Lewis v. Marsh

21 Mass. App. Ct. 987 · Massachusetts Appeals Court · Mar 24, 1986

See Gifford v. Mercantile Wharf Corp., 355 Mass. 792 (1969). Cf. Nassr v. Commonwealth, 394 Mass. 767, 777 (1985); Home Carpet Cleaning Co. v. Baker, 1 Mass. App. Ct. 879, 880 (1974). George J. … Allen v. Batchelder, 17 Mass. App. Ct. 453, 458 (1984).

Colby v. Commissioner

18 Mass. App. Ct. 767 · Massachusetts Appeals Court · Nov 15, 1984

See Stop & Shop Companies, Inc. v. Board of Registration in Pharmacy, 15 Mass. App. Ct. 1005, 1006 (1983). We turn to the question of the propriety of the department’s new deeming policy. … See e.g., Norman v. St. Clair, 610 F.2d 1228, 1241-1242 (5th Cir. 1980) (ineligible spouse receives standard living deduction); Brown v.

Town of Rutland v. Fife

11 Mass. App. Ct. 341 · Massachusetts Appeals Court · Feb 13, 1981

See Stanton Indus., Inc. v. Columbus Mills, Inc., 4 Mass. App. Ct. 793, 794 (1976); First Natl. Bank v. North Adams Hoosac Sav. Bank, 7 Mass. App. Ct. 790, 793-794 (1979). … See Stetson v. Selectmen of Carlisle, 369 Mass. 755 , 763 n. 12 (1976). Compare Noyes v. Quincy Mut. Fire Ins. Co., 7 Mass. App. Ct. 723, 726 (1979).

Whelan v. Frisbee

29 Mass. App. Ct. 76 · Massachusetts Appeals Court · Jul 27, 1990

See Knox v. Remick, 371 Mass. 433, 437-438 (1976); Ames v. Perry, 406 Mass. 236, 240-241 (1989); DeCris- *77 tofaro v. DeCristofaro, 24 Mass. App. Ct. 231, 236-237 (1987). See also Davidson v. Davidson, 19 Mass. App. … Nickerson v. Dowd, 342 Mass. 462, 464 (1961). Diver v. Diver, 402 Mass. 599, 602-603 (1988). Hinds v. Hinds, 4 Mass. App. Ct. 63, 67 (1976). Larson v. Larson, 28 Mass. App. Ct. 338, 340 (1990).

Town of Seekonk v. Nunes

2 Mass. App. Ct. 340 · Massachusetts Appeals Court · Jun 6, 1974

The sole issue for our decision is whether the locus, not having been assigned by the board of health for use as a refuse dump (sanitary land fill) pursuant to G. … See Lexington v. Bean, 272 Mass. 547, 553 (1930); Burlington v. Dunn, 318 Mass. 216, 223 (1945), cert. den. 326 U. S. 739 (1945); Bridgewater v. Chuckran, 351 Mass. 20, 23 (1966). Cf. Building Commr. of Medford v.

Lyman v. Commissioner of Correction

46 Mass. App. Ct. 202 · Massachusetts Appeals Court · Jan 21, 1999

This conclusion is based on Quegan v. Massachusetts Parole Board, 423 Mass. 834, 837-838 (1996), decided by the Supreme Judicial Court while the instant case was on appeal. … See Abany v. Fridovich, 862 F. Supp. 615, 621 (D. Mass. 1994). See also Mahfouz v.

Commonwealth v. Brodsky

9 Mass. App. Ct. 848 · Massachusetts Appeals Court · Feb 20, 1980

We need say only that even if the defendants could have (which we believe they have not) shown that the excluded evidence was “helpful and relevant to the issue on trial,” Commonwealth v. … Ashley Brown, Legal Assistant to the District Attorney, for the Commonwealth. Judgments affirmed

Maguire v. Massachusetts Bay Transportation Authority

20 Mass. App. Ct. 907 · Massachusetts Appeals Court · May 13, 1985

The MBTA refused to select an arbitrator or to submit a joint request to the Board of Conciliation and Arbitration. 5 The plaintiff completed his two-year term and returned to work at his former position in August, 1978. … Stanton Indus., Inc. v. Columbus Mills, Inc., 4 Mass. App. Ct. 793, 794 (1976). Also see Stetson v. Selectmen of Carlisle, 369 Mass. 755 , 763 n.12 (1976).

Commonwealth v. Amparo

43 Mass. App. Ct. 922 · Massachusetts Appeals Court · Oct 2, 1997

Commonwealth v. Brown, 34 Mass. App. Ct. 222, 225 (1993). … See Commonwealth v. Clermy, 421 Mass. 325, 330 (1995).