Case law

Salem Sound Development Corp. v. City of Salem

26 Mass. App. Ct. 396 · Massachusetts Appeals Court · Sep 20, 1988

Boards refused to act on permit requests, taking the position that the lease was a nullity. … See, e.g., Williams v.

Associated Credit Services, Inc. v. City of Worcester

33 Mass. App. Ct. 92 · Massachusetts Appeals Court · Jul 28, 1992

Brown, J. … Hagerty v. Myers, 333 Mass. 387, 388 (1955), quoting from Rocci v. Massachusetts Acc. Co., 222 Mass. 336, 343 (1916). See also JRY Corp. v. LeRoux, 18 Mass. App. Ct. 153, 159-160 (1984).

Commonwealth v. Gonzalez

23 Mass. App. Ct. 990 · Massachusetts Appeals Court · Mar 16, 1987

Under the pillow on the cot on which the defendant had been sleeping, the police found a brown bag. The bag contained ten bundles of bags of heroin. … See Harrington v. California, 395 U.S. 250, 254 (1969); Commonwealth v. Gilday, 382 Mass. 166, 178 (1980); Commonwealth v. Grieco, 5 Mass. App. Ct. 350, 358-359 (1977). Compare Commonwealth v. Seminara, 20 Mass. App.

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).

Commonwealth v. Williams

6 Mass. App. Ct. 923 · Massachusetts Appeals Court · Sep 21, 1978

Brown, J. (concurring). I add a most reluctant concurrence. 1.1 agree that on this record the defendant has not established a statutory violation. See Commonwealth v. Hogue, supra 901 (1978). Compare Commonwealth v. … See Commonwealth v.

Smith v. Allmon

17 Mass. App. Ct. 712 · Massachusetts Appeals Court · Apr 9, 1984

Duffy, came across a restriction which forbade a sale, mortgage or lease of the property save with the prior written approval of the board of directors of Seapuit, Inc. 2 Mr. … Flower v. Coe, 111 Neb. 296, 299 (1923). Indoe v. Dwyer, 176 N.J. Super. 594, 599-602 (1980). McMahon v. Spitzer, 29 Ohio App. 44, 50 (1928). Smith v. McMillan, 352 S.W.2d 871, 875-876 (Tex. Civ.

Commonwealth v. Gendraw

55 Mass. App. Ct. 677 · Massachusetts Appeals Court · Sep 3, 2002

He found a brown Toyota Canary on Baker Street which was missing a similar hubcap. Its front tire was flat. … O’Leary learned that a brown Toyota Camry found about one mile from the murder scene may have been involved in the murder.

Commonwealth v. Brass

42 Mass. App. Ct. 88 · Massachusetts Appeals Court · Jan 23, 1997

Brown, J. (concurring). I concur, albeit reluctantly, because of the peculiar circumstances presented here. … I pass the question whether the warnings mandated by Miranda v. Arizona, 384 U.S. 436, 478-479 (1966), are applicable to the instant circumstances.

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).

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.

Commonwealth v. Fazzino

27 Mass. App. Ct. 485 · Massachusetts Appeals Court · Jun 22, 1989

Entry had occurred through a boarded-up window in an upstairs office. … The boarded-up window gave access to the upstairs “private” office of the proprietor of the garage, William Ferreira.

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. ELIAS SANCHEZ.

100 Mass. App. Ct. 644 · Massachusetts Appeals Court · Jan 24, 2022

Eric Brown, a clinical and forensic psychologist, in support of this theory. Dr. Brown testified that he met with Elias four times, and reviewed medical and psychiatric records. … See Commonwealth v.

Commonwealth v. Johnson

6 Mass. App. Ct. 944 · Massachusetts Appeals Court · Nov 16, 1978

A search of the automobile at the scene of the arrest produced a brown paper bag resembling the one used by the robbers, in which a sum of money and a .38 cartridge were found. … Commonwealth v. Riggins, 366 Mass. 81, 87 (1974). See Terry v. Ohio, supra at 21-22 ; Commonwealth v. Silva, 366 Mass. 402, 405 (1974). Contrast Commonwealth v. Ferrara, 376 Mass. 502, 504 (1978); United States v.

Cape Cod Collaborative v. Director of the Department of Unemployment Assistance

Massachusetts Appeals Court · May 4, 2017

L. c. 151A, § 29(b).4 The collaborative appealed the review examiner's decision to the department's board of review (board) in accordance with G. L. c. 151A, § 40. … See generally Skidmore v.

Tilcon Massachusetts, Inc. v. Commissioner of Revenue

30 Mass. App. Ct. 264 · Massachusetts Appeals Court · Mar 19, 1991

On February 27, 1987, the Appellate Tax Board (ATB) issued its decision in United States Shoe Corp. v. Commissioner of Rev., 8 Mass. App. Tax Bd. … Board of Appeals of Reading, 349 Mass. 17, 19 (1965), nothing appears in the State tax abatement provision which gives Tilcon any hope.

City of Boston v. Boston Police Patrolmen's Ass'n

74 Mass. App. Ct. 379 · Massachusetts Appeals Court · Jun 5, 2009

Brown, J. This appeal by the Boston Police Patrolmen’s Association (union) challenges a judgment of the Superior Court that vacated an arbitration award to Officer Noel Docanto of the Boston police department. … Hopkins v. Medeiros, 48 Mass. App. Ct. 600, 613 (2000). This argument is off the mark.

Centennial Healthcare Investment Corp. v. Commissioner of the Division of Medical Assistance

61 Mass. App. Ct. 320 · Massachusetts Appeals Court · Jun 16, 2004

Bello v. South Shore Hosp., 384 Mass. at 780 , quoting from Boston Edison Co. v. Boston Redev. Authy. 374 Mass. at 46 . … See, e.g., Young v. Department of Pub.

Town of Bedford v. AFSCME Council 93, Local 1703

69 Mass. App. Ct. 110 · Massachusetts Appeals Court · May 18, 2007

Brown, J. The town of Bedford (town) filed a complaint in Superior Court against AFSCME Council 93, Local 1703 (union) seeking a stay,.under authority of G. … Massachusetts Highway Dept. v. Perini Corp., supra at 376 , quoting from Howsam v. Dean Witter Reynolds, Inc., supra at 84. See John Wiley & Sons v.

Commonwealth v. Chandler

17 Mass. App. Ct. 1022 · Massachusetts Appeals Court · Feb 29, 1984

Brown, J. (concurring). I fully concur in the result reached by the majority. … Commonwealth v. Johnson, 372 Mass. 185, 197-198 (1977). Commonwealth v. Ferreira, 381 Mass. 306, 317 (1980). And finally I add a personal note: Let’s do it right the first time. Cf. Commonwealth v. Paiva, 16 Mass. App.