Case law

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.

Commissioner of Insurance v. Jankowski Insurance Agency, LLC

61 Mass. App. Ct. 305 · Massachusetts Appeals Court · Jun 9, 2004

Brown, J. … Thus, whether grounded on theories of money had and received, see Cookson Group PLC v. Flynn, 52 Mass. App. Ct. 909, 912 (2001), or failure of consideration, see Rayner v.

Sanker v. Town of Orleans

27 Mass. App. Ct. 410 · Massachusetts Appeals Court · Jun 1, 1989

These include public hearing on notice to abutters, followed by action by the board of aldermen or selectmen granting or denying permission. … Kelley v.

Commonwealth v. Woodberry

26 Mass. App. Ct. 636 · Massachusetts Appeals Court · Dec 7, 1988

Brown, J. … Commonwealth v. Brito, 390 Mass. at 119 , citing Tasby v. United States, 504 F.2d at 336 .

Desmond v. Town of W. Bridgewater

94 Mass. App. Ct. 1122 · Massachusetts Appeals Court · Feb 19, 2019

Following a disciplinary hearing before the town's board of selectmen (board), the board, as appointing authority, terminated Desmond for making false statements, conduct unbecoming an officer, and harassment. … See Leominster v. Stratton , 58 Mass. App.

Commonwealth v. Sim

39 Mass. App. Ct. 212 · Massachusetts Appeals Court · Aug 31, 1995

Brown, J. (concurring). When the chaff is separated from the wheat, the conclusion is inescapable that the defendant was a joint venturer. … Commonwealth v. Soares, 377 Mass. 461, 470 , cert, denied, 444 U.S. 881 (1979). He also agreed to share in the proceeds.

Commonwealth v. Evans

87 Mass. App. Ct. 687 · Massachusetts Appeals Court · Jul 31, 2015

Commonwealth v. Brown, 75 Mass. App. Ct. 528, 532 (2009) (citations omitted). … Commonwealth v. Brown, 75 Mass. App. Ct. at 533.

Beth Israel Hospital Ass'n v. Rate Setting Commission

24 Mass. App. Ct. 495 · Massachusetts Appeals Court · Jul 20, 1987

The commission’s regulatory activities are subject to oversight by a rate setting commission hospital policy review board (the board) consisting of eleven members, two appointed by the Secretary of Human Services and nine … Hosp. v. Rate Setting Commn., supra; 12 Massachusetts State Pharmaceutical Assn. v. Rate Setting Commn., supra at 139; Lynn v. Rate Setting Commn., supra. See also Palm Manor Nursing Home, Inc. v.

Sheehan v. Aniello

19 Mass. App. Ct. 621 · Massachusetts Appeals Court · Apr 8, 1985

The bank required the mortgagor to place the industrial land under the mortgage until the local planning board should approve a plan for residential subdivision of the. land zoned for that purpose. … Ct. at 578 , when the planning board gave its approval in July, 1969, to the plan for development of single house lots, the mortgagor then was current in his payments.

Commonwealth v. Sylvester

13 Mass. App. Ct. 360 · Massachusetts Appeals Court · Mar 30, 1982

*372 Brown, J. (concurring). I concur in the majority opinion, albeit reluctantly. … Commonwealth v. Mosby, 11 Mass. App. Ct. 1, 17 (1980), quoting from State v. Pokini, 55 Haw. 640, 645 (1974) (plurality opinion).

Commonwealth v. Lebel

113 N.E.3d 935 · Massachusetts Appeals Court · Nov 20, 2018

See Commonwealth v. Bishop , 78 Mass. App. Ct. 70 , 75 (2010). … Commonwealth v. Torres , 420 Mass. 479 , 484 (1995). The instruction as a whole, see Commonwealth v.

Commonwealth v. Torres

Massachusetts Appeals Court · Aug 5, 2015

Commonwealth v. Suave, 460 Mass. 582, 584 n.3 (2011), quoting from G. … Admission of board of probation record. The defendant argues it was error to admit his board of probation record in its entirety as it includes dismissed charges and defaults. The claim is without merit.

Commonwealth v. Yancee

8 Mass. App. Ct. 884 · Massachusetts Appeals Court · Jul 17, 1979

L. c. 234, § 28, as amended, give us some pause (see the concurring opinion of Brown, J., in Commonwealth v. Williams, 6 Mass. App. Ct. 923 [1978]), we find no error in the judge’s ruling. … Commonwealth v. Lumley, supra at 216 .

Commonwealth v. Nickerson

79 Mass. App. Ct. 642 · Massachusetts Appeals Court · Jun 8, 2011

Brown, J. (concurring). I have no major substantive disagreement with the majority’s carefully crafted analysis of the circumstances presented here. … See Commonwealth v.

Standish Management, Inc. v. Randolph Housing Authority

26 Mass. App. Ct. 901 · Massachusetts Appeals Court · May 6, 1988

Blais-Porter, Inc. v. Simboli, 402 Mass. at 272-273 . See Liacos, Massachusetts Evidence 118-119 (5th ed. 1981). Robert Walsh, a lawyer, had served as a member and chairman of the planning board of Randolph. … Skyline Homes, Inc. v. Commonwealth, 362 Mass. 684, 687-688 (1972); D’Annolfo v. Stoneham Housing Authy., 375 Mass. 650, 656 (1978); Colonial Acres, Inc. v. North Reading, 3 Mass. App. Ct. 384, 386 (1975); Roach v.

Tucker

2 Mass. App. Ct. 892 · Massachusetts Appeals Court · Nov 19, 1974

Inc. v. Yaselko, 279 Mass. 81, 85 [1932]; Board of Health of Franklin v. … See Barboza v. Decas, 311 Mass. 10, 13 (1942); Dimond v. Sacilotto, 353 Mass. 501, 502-503 (1968). Contrast Adamian v. Three Sons, Inc. 353 Mass. 498 (1968); Carey v.

Crowley

54 Mass. App. Ct. 447 · Massachusetts Appeals Court · Apr 10, 2002

Crowley received *448 notice of the board’s written decision and of his right to appeal. Crowley’s appeal was denied by the superintendent on October 7, 1990. … See Stokes v. Superintendent, Mass.

Noseworthy v. Allstate Life Insurance

40 Mass. App. Ct. 924 · Massachusetts Appeals Court · Apr 29, 1996

Browne for the defendant. 3. The burden of proof. … See McGinnis v. Aetna Life & Cas. Co., 398 Mass. 37, 38 (1986); Hanover Ins. Co. v. Talhouni, 413 Mass. 781, 785 (1992).

Commonwealth v. Martinez

85 Mass. App. Ct. 288 · Massachusetts Appeals Court · May 7, 2014

See Commonwealth v. Brown, 431 Mass. 772, 775 (2000), citing Victor V. v. Commonwealth, 423 Mass. 793, 794 (1996) (“When the language of a statute is plain and unambiguous, it must be given its ordinary meaning”). … Commonwealth v. Smith, supra, quoting from Commonwealth v. Ruiz, 426 Mass. 391, 393 (1998).

McLean Hospital Corp. v. Town of Belmont

56 Mass. App. Ct. 540 · Massachusetts Appeals Court · Nov 22, 2002

Inc. v. … See Board of Appeals of Hanover v. Housing Appeals Comm, in the Dept. of Community Affairs, 363 Mass. 339, 361-362 (1973); National Amusements, Inc. v. Boston, 29 Mass. App. Ct. at 312-313 .