Case law

Dupree v. School Committee

15 Mass. App. Ct. 535 · Massachusetts Appeals Court · Mar 29, 1983

We recognize that Tobin v. … Board of Educ., 101 Ariz. 268, 273 (1966) (mere bringing of criminal charges not sufficient *541 cause to cancel contract). Cf. Ott v. Board of Educ., 160 N.J.

Denis Corp. v. Commissioner of Revenue

34 Mass. App. Ct. 909 · Massachusetts Appeals Court · Feb 16, 1993

This amendment was in apparent response to Wakefield Ready-Mixed Concrete Co. v. … Decision of Appellate Tax Board affirmed.

Landgraf Associates, Inc. v. Building Commissioner

4 Mass. App. Ct. 840 · Massachusetts Appeals Court · Sep 30, 1976

As the question of the denial of a variance was withdrawn from the case by stipulation of the parties, that part of the judgment declaring the decision of the board of appeals to be in excess of its authority must be struck … See Vassalotti v. Board of Appeals of Sudbury, 348 Mass. 658, 662 (1965). The final judgment is to be so modified and, as so modified, is affirmed. So ordered.

SOUTHERN NEW ENGLAND CONF. ASS'N v. Burlington

21 Mass. App. Ct. 701 · Massachusetts Appeals Court · Mar 18, 1986

See Attorney Gen. v. Dover, 327 Mass. 601 (1951); Sisters of the Holy Cross v. Brookline, 347 Mass. 486 (1964); The Bible Speaks v. Board of Appeals of Lenox, 8 Mass. App. Ct. 19 (1979). Cf. … Fogelman v. Chatham, supra at 588 .

Massachusetts Highway Department v. Perini Corp.

83 Mass. App. Ct. 96 · Massachusetts Appeals Court · Jan 17, 2013

See Marie v. Allied Home Mort. … Illuminating Co. v. Utility Wkrs.

Bettigole v. City Council of Springfield

1 Mass. App. Ct. 816 · Massachusetts Appeals Court · Apr 24, 1973

Selectmen of Lakeville v. Alcoholic Beverages Control Commn. 329 Mass. 769 . Reilly v. School Comm, of Boston, 362 Mass. 689 . Cf. Kenworthy & Taylor, Inc. v. … State Examrs. of Electricians, 320 Mass. 451, 452-453 ; Cleary v. Cardullo’s, Inc. 347 Mass. 337, 350-351 ; Board of Gas and Elec. Commrs. of Middleborough v. Department of Pub. Util. 363 Mass. 433, 435-436 .

Northeast Reclamation Corp. v. Town of Wareham

54 Mass. App. Ct. 564 · Massachusetts Appeals Court · Apr 24, 2002

Brown, J. The defendant town solicited bids for the reclamation and reconstruction of four streets. … McNamara v. Honeyman, 406 Mass. 43, 46 (1989), quoting from Poirier v. Plymouth, 374 Mass. 206, 212 (1978).

Stovall v. Northwest Airlines, Inc.

33 Mass. App. Ct. 1 · Massachusetts Appeals Court · Jul 9, 1992

See Evangelinos v. … See Martinez Hernandez v. Air France, 545 F.2d at 282 ; Maugnie v. Compagnie Nationale Air France, 549 F.2d at 1262 ; Buonocore v. Trans World Airlines, Inc., 900 F.2d 8, 9 (2d Cir. 1990). Contrast Ricotta v.

Trustees of Tufts College v. City of Medford

33 Mass. App. Ct. 580 · Massachusetts Appeals Court · Nov 18, 1992

Dover, supra, or by way of site plan requirements, as in The Bible Speaks v. Board of Appeals of Lenox, 8 Mass. App. Ct. 19, 34 (1979), and Newbury Junior College v. Brookline, 15 Mass. App. … Brookline, 347 Mass. 486 , 492-494 (1964), and Radcliffe College v. Cambridge, 350 Mass. 613, 618 (1966). See The Bible Speaks v. Board of Appeals of Lenox, 8 Mass. App. Ct. 19, 29 (1979); Newbury Junior College v.

Uzoma v. Okereke

88 Mass. App. Ct. 330 · Massachusetts Appeals Court · Sep 11, 2015

See, e.g., Wang v. Niakaros, 67 Mass. App. Ct. 166, 172 (2006) ("[A]cquisition of personal jurisdiction over a defendant cannot be satisfied without proper service of process or an appropriate substitute"). … See, e.g., Bowers v. Board of Appeals of Marshfield, 16 Mass. App.

Poncz v. Loftin

34 Mass. App. Ct. 909 · Massachusetts Appeals Court · Feb 19, 1993

Authy. v. … See Hodge v. Klug, 33 Mass. App. Ct. 746, 756-757 (1992). Compare Leardi v. Brown, 394 Mass. 151 (1985).

Woo v. Moy

17 Mass. App. Ct. 949 · Massachusetts Appeals Court · Dec 15, 1983

Kemble Fischer Realty Trust v. Board of Appeals of Concord, 9 Mass. App. Ct. 477, 478-480 (1980). On the basis of the plaintiffs’ unopposed affidavits, summary judgment entered. Community Natl. Bank v. … Vaughan v. Commonwealth, 377 Mass. 914 (1979). United States Fid. & Guar. Co. v. N.J.B. Prime Investors, 6 Mass. App. Ct. 455 , 456 n.3 (1978).

Leavitt v. City of Lynn

55 Mass. App. Ct. 12 · Massachusetts Appeals Court · May 30, 2002

See Opinion of the Justices, 308 Mass. 619, 627 (1941); Tobin v. Sheriff of Suffolk County, 377 Mass. 212, 213 & n.3 (1979). Contrast Bunte *14 v. Mayor of Boston, 361 Mass. 71, 74-76 (1972). However, in Dupree v. … Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 513 (1975), quoting from Industrial Fin. Corp. v. State Tax Comm., 367 Mass. 360, 364 (1975).

Tortora v. Inspector of Buildings

41 Mass. App. Ct. 120 · Massachusetts Appeals Court · Aug 15, 1996

Corp. v. Taunton, 423 Mass. 390, 395-396 (1996). … As to legitimate exercises of authority, compare Rosenfeld v. Board of Health of Chilmark, 27 Mass. App. Ct. 621, 626-628 (1989); Smith v. Longmeadow, 29 Mass. App. Ct. 599, 603 (1990); Silvia v.

Cronin v. McCarthy

22 Mass. App. Ct. 448 · Massachusetts Appeals Court · Jun 25, 1986

Hardiman v. Brown, 162 Mass. 585 [1895]. ” Boston Gas Co. v. Assessors of Boston, 334 Mass. 549, 574 (1956), quoting from Commonwealth v. Bellino, 320 Mass. 635, 638 , cert, denied, 330 U.S. 832 (1947). … Compare Commonwealth v.

Kalinowski v. Smith

6 Mass. App. Ct. 769 · Massachusetts Appeals Court · Dec 29, 1978

Dobb v. Baker, 505 F.2d 1041, 1043 (1st Cir. 1974). … See Brown v. Knight, 362 Mass. 350, 352 (1972); Dilorio v. Tipaldi, 4 Mass. App. Ct. 640, 643-645 (1976); Reese v. McGinn Bus Co., post 916 (1978).

Anderson v. K. G. Moore, Inc.

6 Mass. App. Ct. 386 · Massachusetts Appeals Court · May 30, 1978

But a formal meeting of the board of directors was not essential to the validity of the contract. Tenney v. East Warren Lumber Co., 43 N.H. 343, 356 (1861). Sherman v. Fitch, 98 Mass. 59 64 (1867). Dome Realty Co. v. … The plaintiff’s resignation as officer and director was effective notwithstanding the absence of an acceptance at a formal meeting of the board of directors. 4 See Briggs v.

Commonwealth v. Hoshi H.

72 Mass. App. Ct. 18 · Massachusetts Appeals Court · Jun 9, 2008

Commonwealth v. Perez, 437 Mass. 186, 190 (2002), quoting from Commonwealth v. Devlin, 366 Mass. 132, 134 (1974). … See Commonwealth v.

Santella v. Whynott

27 Mass. App. Ct. 451 · Massachusetts Appeals Court · Jun 8, 1989

Co. v. Kenny Boiler & Mfg. Co., 201 Minn. 500, 503 (1937). See *454 also Whalen v. Shivek, 326 Mass. 142 , 150 & n.1 (1950); Vertentes v. Barletta Co., 16 Mass. App. Ct. 463 , 466 n.3 (1983), S.C., 392 Mass. 165 (1984). … Brown, 400 Mass. 826, 832-833 (1987). We need not consider the suggestion because application of the Federal standard would not change the result.

V.M. v. R.B.

94 Mass. App. Ct. 522 · Massachusetts Appeals Court · Nov 28, 2018

("The 'nature of the case' assigned to the board is distinguishable from the elements of a prima facie case before the board"). … See M.B . v. J.B ., 86 Mass. App.