Case law

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.

Worcester Regional Retirement Board v. Contributory Retirement Appeal Board

Massachusetts Appeals Court · Nov 29, 2017

.; Haverhill Retirement Sys. v. Contributory Retirement Appeal Bd., 82 Mass. App. … Bristol County Retirement Bd. v. Contributory Retirement Appeal Bd., 65 Mass. App. Ct. 443, 451 (2006).

Camara v. Board of Appeals

40 Mass. App. Ct. 209 · Massachusetts Appeals Court · Mar 22, 1996

Brown, J. The defendants George E. Frotton, Jr., and Patricia A. … See Gaunt v. Board of Appeals of Methuen, 327 Mass. 380, 381 (1951); Warren v. Zoning Bd. of Appeals of Amherst, 383 Mass. 1, 8 (1981).

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.

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).

Phoenix Home Life Mutual Insurance v. Brown

49 Mass. App. Ct. 657 · Massachusetts Appeals Court · Jul 12, 2000

On or about August 15, 1980, the plaintiff issued a life insurance policy to Edel-Brown Tool & Die Co., Inc. (Edel-Brown), on the life of Kenneth R. Brown (Kenneth). … Co. of Mass. v.

Mantoni v. Board of Appeals

34 Mass. App. Ct. 273 · Massachusetts Appeals Court · Mar 26, 1993

L. c. 240, § 14A, the plaintiffs filed a complaint in the Land Court appealing the denial by the board of appeals of Harwich (board) of a variance from the provisions of the Harwich zoning by-law (by-law), which prohibited … Woods v. Newton, 349 Mass. 373, 376-377 (1965).

Valentine v. Rent Control Board

29 Mass. App. Ct. 60 · Massachusetts Appeals Court · Jul 27, 1990

(see Amari v. … Board of Registration in Medicine, 276 Mass. 566 (1931)(board members make sarcastic and insulting comments towards attorney for physician), and Beauregard v.

Sheppard v. Zoning Board of Appeal

74 Mass. App. Ct. 8 · Massachusetts Appeals Court · Apr 2, 2009

He appealed and eventually was granted variances from the zoning board of appeal of Boston (board) regarding lot size, lot width, and front and side yard requirements. … Zoning Bd. of Appeals of Andover, 447 Mass. 20, 31 (2006), quoting from Tsagronis v. Board of Appeals of Wareham, 33 Mass. App. Ct. 55, 59 (1992), S.C., *12 415 Mass. 329 (1993). Dwyer, supra at 296 .

Costa v. Board of Selectmen

3 Mass. App. Ct. 57 · Massachusetts Appeals Court · Feb 11, 1975

See generally City Council of Waltham v. Vinciullo, 364 Mass. 624, 625-629 (1974). … Then, if the town meeting fails to appropriate the necessary funds, the selectmen are to “certify the cost... to the board of assessors ... [for inclusion] in the determination of the tax rate of that year.”

Januskiewicz v. Board of Selectmen

17 Mass. App. Ct. 1037 · Massachusetts Appeals Court · Apr 3, 1984

See Thibeault v. New Bedford, 342 Mass. at 557 ; Hennessey v. Bridgewater, 388 Mass. 219, 226 (1983). … Compare Thibeault v. New Bedford, 342 Mass. at 558 . We note (as indicated by the board’s counsel at oral argument) that the terms of the plaintiff’s employment could entitle him to benefits under statutes other than G.

Paquin v. Board of Appeals

27 Mass. App. Ct. 577 · Massachusetts Appeals Court · Jul 18, 1989

Ct. 103, 108 (1982); Cameron v. Board of Appeals of Yarmouth, 23 Mass. App. Ct. 144, 147-148 (1986). … The purpose of the constructive grant provision of § 15 “is to induce the board to act promptly.” Capone v. Zoning Bd. of Appeals of Fitchburg, 389 Mass. at 623 , citing Noe v.

Denneny v. Zoning Board of Appeals

59 Mass. App. Ct. 208 · Massachusetts Appeals Court · Sep 8, 2003

Board of Appeal of Boston, 324 Mass. 427, 430 (1949); Tsagronis v. Board of Appeals of Wareham, 415 Mass. 329, 335 (1993) (Abrams, J., dissenting). … Valcourt v. Zoning Bd. of Appeals of Swansea, supra at 127-128, quoting from Marotta v. Board of Appeals of Revere, supra.

Alpert v. Board of Appeal

6 Mass. App. Ct. 888 · Massachusetts Appeals Court · Jun 13, 1978

Board of Appeals of Scituate, 343 Mass. 455, 456-457 (1962). Cass v. Board of Appeal of Fall River, 2 Mass. App. Ct. 555 , 558 n.5 (1974). See Planning Bd. of Springfield v. … Wolfson v. Sun Oil Co. 357 Mass. 87, 89 (1970). Compare Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 292-293 (1972).

Smalley v. Planning Board of Harwich

10 Mass. App. Ct. 599 · Massachusetts Appeals Court · Oct 14, 1980

Ct. 889 (1978), citing Alley v. Building Inspector of Danvers, 354 Mass. 6, 7-8 (1968). See Goldman v. Planning Bd. of Burlington, 347 Mass. 320, 324 (1964); Giovannucci v. Board of Appeals of Plainville, 4 Mass. App. … See McCarthy v. Planning Bd. of Edgartown, 381 Mass. 86, 87 (1980). Cf. Gaditano v.

Gallivan v. Zoning Board of Appeals

71 Mass. App. Ct. 850 · Massachusetts Appeals Court · Jun 2, 2008

The case of Fitch v. Board of Appeals of Concord, 55 Mass. App. Ct. 748, 750-753 (2002), is consistent. … See Fitch v. Board of Appeals of Concord, 55 Mass. App. Ct. at 751 .

Palmer v. Board of Selectmen

2 Mass. App. Ct. 832 · Massachusetts Appeals Court · May 8, 1974

See Brucato *833 v. Lawrence, 338 Mass. 612, 617 (1959). The order that the writ issue is reversed. An order is to enter in the Superior Court dismissing the petition. Paul L. Lousier, Town Counsel, for the respondents.

Ostroff v. Board of Appeals

4 Mass. App. Ct. 865 · Massachusetts Appeals Court · Dec 22, 1976

Giovannucci v. Board of Appeals of Plainville, ante, 239, 242 (1976). … Howe for the Board of Appeals of Lexington. Judgment affirmed.

Jacobs v. Rent Control Board

27 Mass. App. Ct. 1186 · Massachusetts Appeals Court · Aug 30, 1989

Brookline Rent Control Board, 385 Mass. 228, 232-233 (1982), Kahn v. … Gorin & Leeder Management Co. v. Rent Control Bd. of Cambridge, 18 Mass. App. Ct. 272, 276 (1984), Slavin v. Rent Control Board of Brookline, 26 Mass. App.

Miller v. Board of Appeals

8 Mass. App. Ct. 923 · Massachusetts Appeals Court · Nov 6, 1979

The pleadings and affidavits establish that on January 14,1976, the planning board endorsed a perimeter plan of the locus under G. … The sentence in Bellows Farms, Inc. v.