Case law

Opinions from 1658 to today.

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  • Wrightson v. Spaulding

    20 Mass. App. Ct. 70 · Massachusetts Appeals Court · May 15, 1985

    Brown, J. … Jenkins v. Jenkins, supra at 934 .

    Cited 19 timesPublished
  • Massachusetts Redemption Coalition, Inc. v. Secretary of the Executive Office of Environmental Affairs

    68 Mass. App. Ct. 67 · Massachusetts Appeals Court · Jan 16, 2007

    See Massachusetts Teachers Assn. v. … Board of Educ., 436 Mass. 763, 776-777 (2002) (affirming dismissal pursuant to Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974), of claims that the regulations the Board of Education promulgated exceeded its authority).

    Cited 4 timesPublished
  • North Adams Apartments Ltd. Partnership v. City of North Adams

    78 Mass. App. Ct. 602 · Massachusetts Appeals Court · Jan 18, 2011

    See Brown v. Legal Foundation of Washington, 538 U.S. 216, 235-237 (2003). See also Boston Chamber of Commerce v. … See Brown, supra (plaintiffs not entitled to compensation for the taking of the interest on their deposited IOLTA funds because they suffered no pecuniary losses). See also Marion & Rye Valley Ry. Co. v.

    Cited 2 timesPublished
  • VMark Software, Inc. v. EMC Corp.

    37 Mass. App. Ct. 610 · Massachusetts Appeals Court · Nov 18, 1994

    See Datacomm Interface, Inc. v. Computerworld, Inc., 396 Mass. 760, 779-780 (1986); McEvoy Travel Bureau, Inc. v. Norton Co., 408 Mass. 704, 714 (1990); Glickman v. Brown, 21 Mass. App. Ct. 229, 235 (1985); Sheehy v. … Although the tort of negligent misrepresentation is recognized in Massachusetts, Glickman v. Brown, 21 Mass. App.

    Cited 113 timesPublished
  • Bullock v. Zeiders

    12 Mass. App. Ct. 634 · Massachusetts Appeals Court · Nov 23, 1981

    See also Jamesbury Corp. v. … Robbins v. Robbins, 343 Mass. 247, 249 (1961). Pagar v. Pagar, 9 Mass. App. Ct. 1, 2-3 (1980). See Brown v. Greenlow, 330 Mass. 88, 89-90 (1953); Lombard, Family Law § 2085 (1967). 3. Denial of the various motions.

    Cited 14 timesPublished
  • Brower v. Brower

    61 Mass. App. Ct. 216 · Massachusetts Appeals Court · May 21, 2004

    Gemma, 105 Nev. 458 (1989); Risoldi v. Risoldi, 320 N.J. Super. 524 (1999); Berry v. Meadows, 103 N.M. 761 (Ct. App. 1986); Olivo v. Olivo, 82 N.Y.2d 202 (1993); Welder v. Welder, 520 N.W.2d 813 (N.D. 1994); Woodward v. … holding of the Supreme Judicial Court in Contributory Retirement Board of Arlington v.

    Cited 9 timesPublished
  • Arroyo v. McGrievey

    92 Mass. App. Ct. 1111 · Massachusetts Appeals Court · Oct 30, 2017

    to the issues presented, and the reasons therefor, with citations to the authorities, statutes and parts of the record relied on"; "appellate court need not pass upon questions or issues not argued in the brief"); Davis v. … Board of Registration in Med. , 461 Mass. 1001 , 1003 (2011) (brief failed to support claims of error with sufficient legal argument, factual detail, or citation to authority, providing "an insufficient basis for this court

    Cited 0 timesPublished
  • City of Boston v. Horne

    19 Mass. App. Ct. 416 · Massachusetts Appeals Court · Feb 28, 1985

    Brown, J. Claiming nonpayment of interest on back taxes, the city of Boston in 1978 filed a petition in the Land Court under G. L. c. 60, § 65, to foreclose a tax lien on certain real property. … Co. v. Blakely, 372 Mass. 86, 88 (1977). We are mindful that one of the factors to be taken into consideration in construing such an agreement is the language of G.

    Cited 1 timesPublished
  • Commonwealth v. Graud

    8 Mass. App. Ct. 915 · Massachusetts Appeals Court · Oct 12, 1979

    A dent puller with a two-inch screw was discovered on the running board of another truck approximately twenty-five feet from where the defendant was originally spotted. … See Commonwealth v. Kozlowsky, 238 Mass. 379, 391 (1921). Compare Commonwealth v. Cabot, 241 Mass. 131, 142-143 (1922).

    Cited 4 timesPublished
  • Commonwealth v. Gibson

    87 Mass. App. Ct. 829 · Massachusetts Appeals Court · Aug 10, 2015

    United States v. McLeod, 53 F.3d at 326, cited with approval in Commonwealth v. Means, 454 Mass. at 94. See People v. … Commonwealth v.

    Cited 1 timesPublished
  • LAWRENCE BUCCI & Another v. LINDSEY CAMPBELL & Another.

    Massachusetts Appeals Court · Feb 24, 2025

    Their subdivision plan, approved by the town planning board, contemplated that the lots would be serviced by underground natural gas (and electric) lines. … Golber v. BayBank Valley Trust Co., 46 Mass. App. Ct. 256, 261 (1999), quoting Glickman v. Brown, 21 Mass. App. Ct. 229, 235 (1985). See Marram v. Kobrick Offshore Fund, Ltd., 442 Mass. 43, 62 (2004).

    Cited 0 timesUnpublished
  • Commonwealth v. Daley

    94 Mass. App. Ct. 1112 · Massachusetts Appeals Court · Dec 7, 2018

    Daley did not actually believe when he stabbed Miss Brown that he was in immediate danger of death or serious bodily injury" (emphasis added). … See Commonwealth v.

    Cited 0 timesPublished
  • First Hartford Realty Corp. v. Corporate Property Investors

    12 Mass. App. Ct. 911 · Massachusetts Appeals Court · Jul 17, 1981

    See Beveridge v. New York Elev. R.R., 112 N.Y. 1, 27 (1889). … Brown, 154 N.Y.S.2d 699 , 701-702 (Sup. Ct. 1956), rev’d. on other grounds, 3 App. Div. 2d 671 (1957), affd., 4 N.Y.2d 391 (1958); Ogden Dev. Corp. v. Federal Ins.

    Cited 7 timesPublished
  • Parker v. D'Avolio

    40 Mass. App. Ct. 394 · Massachusetts Appeals Court · May 6, 1996

    Leardi v. Brown, 394 Mass. 151, 159-160 (1985) (where there has been an invasion of a legally protected interest, but no harm for which actual damages can be awarded, the minimum statutory award is twenty-five dollars). … Ct. 208 (1982) (faulty roof work and installation of vinyl siding); Bachman v. Parkin, 19 Mass. App. Ct. 908 (1984) (faulty construction of solar-heated house); Brown v. LeClair, 20 Mass. App.

    Cited 38 timesPublished
  • Commonwealth v. Rodriguez

    94 Mass. App. Ct. 1120 · Massachusetts Appeals Court · Feb 5, 2019

    Commonwealth v. Moran , 453 Mass. 880 , 884 (2009). Although "[p]robable cause to sustain an indictment is a decidedly low standard," Commonwealth v. … See Commonwealth v.

    Cited 0 timesPublished
  • Harris v. Old King's Highway Regional Historic District Commission

    38 Mass. App. Ct. 447 · Massachusetts Appeals Court · Apr 26, 1995

    See and compare Gumley v. … Dodge v. Sawyer, 288 Mass. 402, 408 (1934).

    Cited 3 timesPublished
  • Potter & McArthur, Inc. v. City of Boston

    15 Mass. App. Ct. 454 · Massachusetts Appeals Court · Mar 11, 1983

    See, e.g., a case where the earlier cases are collected, Bianchi Bros. v. Gendron, 292 Mass. 438, 443-446 (1935). 2 See also Barrows v. Fuller, 253 Mass. 79, 83-84 (1925); Carrig v. … See Wormstead v. Lynn, 184 Mass. 425, 428 (1903). See also Savignano v. Gloucester Housing Authy., 344 Mass. 668, 671-672 (1962); Central Tow Co. v. Boston, 371 Mass. 341, 343-345 (1976).

    Cited 14 timesPublished
  • 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).

    Cited 1 timesPublished
  • Tutela v. Hines

    1 Mass. App. Ct. 860 · Massachusetts Appeals Court · Dec 4, 1973

    Miller v. Emergency Housing Commn. 330 Mass. 693, 698 (1953). … See Lolos v. Berlin, 338 Mass. 10, 13-14 (1958); *861 Commonwealth v. Martin, 358 Mass. 282, 290 (1970). The final decree of the Superior Court is affirmed, with costs of appeal to the defendant. Robert I.

    Cited 1 timesPublished
  • Bass River Lobsters, Inc. v. Smith

    7 Mass. App. Ct. 197 · Massachusetts Appeals Court · Mar 15, 1979

    Nader v. Citron, 372 Mass. 96, 98 (1977), quoting from Conley v. Gibson, 355 U.S. 41,45-46 (1957). … Eby v. Reb Realty, Inc., 495 F.2d 646, 649 (9th Cir. 1974). See Regulation Z of the Federal Reserve Board, 12 C.F.R. § 226.2 (s) (1978).

    Cited 13 timesPublished

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