Case law

Oprzedek v. City of Beverly

93 Mass. App. Ct. 1101 · Massachusetts Appeals Court · Mar 12, 2018

L. c. 140, § 30, as moot because it sought an order compelling the board to issue a lodging license to the trustee but he had sold the property. Applying the analysis set forth in Penn Central Transp. Co . v. … Gove v. Zoning Bd. of Appeals of Chatham , 444 Mass. 754 , 767 (2005). Judgment affirmed . Criminal Offender Record Information. Sex Offender Registry Board.

Weichel v. Commissioner of Correction

25 Mass. App. Ct. 957 · Massachusetts Appeals Court · Feb 17, 1988

However, the board refused to permit the plaintiff’s mother or other officers to testify, and it refused to produce the informant. … Kenney v. Commissioner of Correction, 393 Mass. 28, 34 (1984). The defendants denied that he was placed in the DSU.

Gynan v. Hayes

9 Mass. App. Ct. 721 · Massachusetts Appeals Court · May 14, 1980

Brown v. Henderson, 285 Mass. 192,196-197 (1934) (Lummus, J., concurring). See Perry v. Boston Elev. … See Howes v. Grush, 131 Mass. 207, 211 (1881); Herrick v. Waitt, 224 Mass. 415, 416-417 (1916).

Commonwealth v. Brant

8 Mass. App. Ct. 558 · Massachusetts Appeals Court · Oct 31, 1979

Commonwealth v. Brown, 121 Mass. 69, 80 (1876). Commonwealth v. Trefethen, 157 Mass. 180, 197-198 (1892). Commonwealth v. Lucas, 332 Mass. 594, 597 (1955). … See Commonwealth v. Brown, supra at 80 . See also State v. Cooley, 221 S.W. 2d 480 , 485 (Mo. 1949). Judgment affirmed. His companion, Kampen, pleaded guilty following his indictment for the same offense.

Bragdon v. Bradford O. Emerson, Inc.

19 Mass. App. Ct. 420 · Massachusetts Appeals Court · Mar 1, 1985

Brown, J. This appeal raises a question regarding the operation and effect of Mass.R.Civ.P. 54(b), 365 Mass. 821 (1974). … See and compare Weisman v. Saetz, supra. Contrast New England Canteen Serv., Inc. v. Ashley, 372 Mass. at 677 .

Rood's Case

7 Mass. App. Ct. 915 · Massachusetts Appeals Court · May 8, 1979

The single member’s *916 decision was affirmed by the reviewing board and by the Superior Court. We reverse and hold that the claimant made no binding election under § 15 (as then in effect). … Clark v. M.W. Leahy Co., 300 Mass. 565, 568 (1938). Carlson v. Dowgielewicz, 304 Mass. 560, 562 (1939). See Poirier v. Plymouth, 374 Mass. 206, 217 (1978). The insurer’s reliance on Rufo’s Case, 3 Mass. App.

Dente v. Pink

5 Mass. App. Ct. 791 · Massachusetts Appeals Court · Mar 7, 1977

Cantor v. Van Noorden Co. Inc. 4 Mass. App. Ct. 819 (1976). Moran v. Desmond, 4 Mass. App. Ct. 828 (1976). … Moreover, since the pleadings are not included in the record appendix (see Slater v. Burnham Corp. 4 Mass. App. Ct. 791 [1976]; Haddad v. Board of Appeals of Medford, 4 Mass. App.

Burda v. Town of Spencer

28 Mass. App. Ct. 685 · Massachusetts Appeals Court · Jun 7, 1990

Tammaro v. Colarusso, 11 Mass. App. Ct. 44, 47 (1980). See also Aronson v. Commonwealth, 401 Mass. 244, 255 (1987). … United States v. One Motor Yacht Named Mercury, 527 F.2d 1112, 1113-1114 (1st Cir. 1975), quoted in Kunen v. First Agricultural Natl. Bank, 6 Mass. App. Ct. 684, 689 (1978).

Commonwealth v. Silva

61 Mass. App. Ct. 28 · Massachusetts Appeals Court · Apr 28, 2004

Brown, J. (concurring). Although I am in substantial agreement with the reasoning of the majority, I write separately because I think this case may be decided on different grounds. … See Commonwealth v. Peters, 48 Mass. App. Ct. at 20 & n.6.

Commonwealth v. Judge

95 Mass. App. Ct. 103 · Massachusetts Appeals Court · Mar 28, 2019

Commonwealth v. Rodriguez, 430 Mass. 577, 580-581 (2000). See, e.g., Landry v. … In the case at bar, the Commonwealth has failed to introduce any internal parole board policy guiding parole officers in their execution of routine home visits.

Commonwealth v. Anderson

9 Mass. App. Ct. 837 · Massachusetts Appeals Court · Jan 30, 1980

See Commonwealth v. MacDonald (No. 1), 368 Mass. 395, 401 (1975); Common *838 wealth v. Cheek, 374 Mass. 613, 618-619 (1978); Commonwealth v. Fitz gerald, 376 Mass. 402, 416-423 (1978); Commonwealth v. … Campbell, 378 Mass. 680, 703 (1979); Commonwealth v. Brown, 6 Mass. App. Ct. 854 (1978). Cf. Commonwealth v. Dougan, 377 Mass. 303, 311-312 (1979); Commonwealth v. Roberts, 378 Mass. 116, 126-128 (1979). James A.

Serrazina v. Springfield Public Schools

80 Mass. App. Ct. 617 · Massachusetts Appeals Court · Oct 12, 2011

Brown v. Taunton, 16 *623 Mass. App. Ct. 614, 619 (1983). Cf. Caples v. Secretary of the Commonwealth, 350 Mass. 638, 640-641 (1966) (resignation terminates suspension); Massachusetts Bay Transp. Authy. v. … See Brittle v. Boston, 439 Mass. 580, 583 (2003); Brown, supra at 616-617 . Although the termination statute requires arbitration, it does so only in cases of wrongful termination.

Commonwealth v. Thomas

44 Mass. App. Ct. 521 · Massachusetts Appeals Court · Apr 6, 1998

Brown, J. (dissenting in part). I disagree as to the potency of the toxin injected into the trial by the prosecutor. I think it was lethal. … I will merely point to the cases and authorities cited in Commonwealth v.

Plamondon v. Outcepts Management & Consulting, LLC

81 Mass. App. Ct. 845 · Massachusetts Appeals Court · Jun 11, 2012

Co. v. Maurice Callahan & Sons, 2 Mass. App. Ct. 124 , ISO-131 (1974). … Second, it is a “V” shaped board, providing greater visibility from the highway than a back-to-back or single-face board.

Lynch v. Police Commissioner

43 Mass. App. Ct. 107 · Massachusetts Appeals Court · Jul 7, 1997

See Pisco v. Police *110 Commr. of Boston, 331 Mass. 539 (1954); Concord v. Attorney Gen., 336 Mass. 17, 26-27 (1957); Board of Health of Woburn v. Sousa, 338 Mass. 547, 553 (1959); Commonwealth v. … Board of Health of Woburn v. Sousa , 338 Mass, at 553 (citations omitted). Cf. MacGibbon v.

Pollard v. Conservation Commission

73 Mass. App. Ct. 340 · Massachusetts Appeals Court · Dec 17, 2008

Daniels v. Board of Registration in Med., 418 Mass. 380, 392 (1994). Turners Falls Ltd. Partnership v. Assessors of Montague, 54 Mass. App. Ct. 732, 737-738 (2002). … Plymouth County Personnel Bd., 440 Mass. 708, 710-712 (2004) (lack of written findings did not require reversal of board’s decision where only one disputed issue was presented and board’s reasoning could be determined with

Commonwealth v. Henderson

82 Mass. App. Ct. 674 · Massachusetts Appeals Court · Oct 19, 2012

Brown, J. (dissenting). The defendant maintains on appeal that his probation revocation was not supported by reliable hearsay. I agree, and I therefore dissent. … Commonwealth v. Durling, supra.

Commonwealth v. Amoroso

94 Mass. App. Ct. 1118 · Massachusetts Appeals Court · Jan 18, 2019

Commonwealth v. Beckett , 373 Mass. 329 , 341 (1977)." Commonwealth v. Gonzalez , 475 Mass. 396 , 407 (2016). See Commonwealth v. Gallagher , 91 Mass. App. Ct. 385 , 392 (2017). … Ct. at 393 , quoting Commonwealth v. Brown , 83 Mass. App. Ct. 772 , 776-777 (2013).

Sleeper v. Old King's Highway Regional Historic District Commission

11 Mass. App. Ct. 571 · Massachusetts Appeals Court · Mar 13, 1981

Board of Appeals of Duxbury, 369 Mass. 512, 515-516 (1976); Gumley v. Selectmen of Nantucket, 371 Mass. at 724 . 2 2. Hardship. … See MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 638 (1970); Gumley v. Selectmen of Nantucket, 371 Mass. at 722-723 . Compare North Landers Corp. v.

Aiello v. Aiello

63 Mass. App. Ct. 914 · Massachusetts Appeals Court · Jun 20, 2005

Brown for the plaintiff. … See, e.g., Harrison v. Kamp, 403 Ill. 542, 547-548 (1949); Parrish v. Treadway, 267 Mo. 91, 103 (1916); Novy v. Novy, 324 Pa. 362, 366 (1936).