Case law

Nugent v. Board of Appeals

22 Mass. App. Ct. 909 · Massachusetts Appeals Court · Apr 23, 1986

The denial of the special permit was within the discretion of the board. MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 638 (1970). Vazza Properties, Inc. v. City Council of Woburn, 1 Mass. App. … Board of Appeals of Canton, 8 Mass. App. Ct. 483, 486 (1979), quoting from Gulf Oil Corp. v. Board of Appeals of Framingham, 355 Mass. 275, 277-278 (1969).

Cullinane v. Board of Selectmen

50 Mass. App. Ct. 851 · Massachusetts Appeals Court · Feb 9, 2001

She discussed the right to trial by jury in the District Court — but see Commonwealth v. Ferreri, 30 Mass. App. Ct. 966, 967 (1991); Commonwealth v. One 1972 Chevrolet Van, 385 Mass. 198, 199-200 (1982). … So also she discussed the scope of review by the Superior Court on the *855 petition for certiorari, as to which the discussion in Nercessian v. Board of Appeal on Motor Vehicle Liab. Policies & Bonds, 46 Mass. App.

Board of Education v. School Committee

16 Mass. App. Ct. 508 · Massachusetts Appeals Court · Aug 10, 1983

Cliff House Nursing Home, Inc. v. Rate Setting Commn., ante 300, 306 (1983). See Finkelstein v. Board of Registration in Optometry, 370 Mass. 476, 478 (1976), and cases cited. Nothing in Commonwealth v. … Board of Educ., 362 Mass. 417 , 441 n.22 (1972). It has been so with other subjects. See, e.g., Skidmore v.

Doe v. Sex Offender Registry Board

82 Mass. App. Ct. 67 · Massachusetts Appeals Court · Jun 26, 2012

See also Doe v. … No. 972 v.

MacDonough v. Board of Directors

28 Mass. App. Ct. 538 · Massachusetts Appeals Court · Apr 23, 1990

See Brasslett v. Cota, 761 F.2d 827, 835 (1st Cir. 1985), citing Pickering v. Board of Educ. of Township High School Dist. 205, Will County, 391 U.S. 563, 568 (1968). … In DeRose v. Putnam Mgmt.

Longo v. Board of Appeals

6 Mass. App. Ct. 835 · Massachusetts Appeals Court · Jan 30, 1978

The judgment appealed from must be reversed because the judge’s findings make clear that he took into consideration as evidence an appraisal which was stipulated to be "attached to the return” of the board but which was not … Devine v. Zoning Bd. of Appeals of Lynn, 332 Mass. 319, 321-322 (1955.

Sheehan v. Zoning Board of Appeals

65 Mass. App. Ct. 52 · Massachusetts Appeals Court · Nov 3, 2005

See Josephs v. Board of Appeals of Brookline, 362 Mass. at 295 . b. Tree preservation. … Board of Appeal of Boston, 262 Mass. 451, 457-458 (1928). Compare Pierce v. Board of Appeals of Carver, 2 Mass. App.

Namay v. Contributory Retirement Appeal Board

19 Mass. App. Ct. 456 · Massachusetts Appeals Court · Mar 8, 1985

Therrien v. Labor Relations Commn., 390 Mass. 644, 647-648 (1983). Gurry v. Board of Pub. Accountancy, 394 Mass. 118, 125-126 (1985). … Cleary v. Cardullo’s, Inc., 347 Mass. 337, 343-344 (1964). School Comm. of Springfield v. Board of Educ., 362 Mass. 417, 441, n.22 (1972). Consolidated Cigar Corp. v. Department of Pub.

State Board of Retirement v. O'Hare

92 Mass. App. Ct. 555 · Massachusetts Appeals Court · Dec 15, 2017

This case presents the question whether the State Board of Retirement (board) correctly ordered forfeiture of O'Hare's retirement allowance under G. … State Bd. of Retirement v. Bulger, 446 Mass. 169, 173 (2006), quoting from Massachusetts Bay Transp. Authy. v. Auditor of the Commonwealth, 430 Mass. 783, 790 (2000).

Dyer v. Board of Selectmen

34 Mass. App. Ct. 606 · Massachusetts Appeals Court · Jun 18, 1993

See Politano v. Selectmen of Nahant, 12 Mass. App. Ct. 738, 742 (1981) (facts concerning a claimant’s eligibility for benefits under G. … In Hennessey v. Bridgewater, 388 Mass. 219 (1983), the court construed the nearly identical language of the proviso in G.

Doe v. Sex Offender Registry Board

84 Mass. App. Ct. 537 · Massachusetts Appeals Court · Nov 21, 2013

Moreover, unlike the cases of Raymond v. Board of Registration in Med., 387 Mass. 708, 717 (1982), and D’Amour v. … Raymond v. Board of Registration in Med., 387 Mass, at 717 & n.6.

Rothman v. Rent Control Board

37 Mass. App. Ct. 217 · Massachusetts Appeals Court · Aug 26, 1994

The landlord does not contest, and in his brief implicitly concedes, the right of the board to condition rent entitlement on habitability. See Flynn v. Cambridge, 383 Mass. 152 (1981); Altschuler v. … “(c) If the tenant fails to make payment as ordered, then a Certificate of Eviction shall be issued by the Board . . . .” McKenna v. Begin, 5 Mass. App. Ct. 304, 310-311 (1977), relying on Boston Hous. Authy. v.

Carciofi v. Board of Appeal

22 Mass. App. Ct. 926 · Massachusetts Appeals Court · May 19, 1986

Accordingly, he applied to the board of appeal in March, 1984, requesting a variance from the frontage requirement in order to build a one-family house on the lot. … See Girard v. Board of Appeals of Easton, 14 Mass. App. Ct. 334, 336 (1982). Compare Adamowicz v. Ipswich, 395 Mass. 757,762-763,764 (1985).

Petrillo v. Zoning Board of Appeals

65 Mass. App. Ct. 453 · Massachusetts Appeals Court · Jan 26, 2006

See Kobrin v. Board of Registration in Med., 444 Mass. 837, 843-844 (2005); Green v. Town of Brookline, 53 Mass. App. Ct. 120 , 123 n.5 (2001). … Board of Registration in Med., 444 Mass. at 843 , quoting from DaLuz v. Department of Correction, 434 Mass. 40, 45 (2001).

Bunker v. Board of Appeal

4 Mass. App. Ct. 797 · Massachusetts Appeals Court · Mar 26, 1976

L. c. 40A, § 21 (as in effect prior to St. 1975, c. 808, § 3), from a decision of the board of appeal of the town of Wellesley which sustained the action of the building inspector of that town in issuing a building permit … A final decree was entered pursuant to that order on May 15, 1974, which in effect affirmed the board of appeal. The plaintiff has appealed from that decree.

Longo v. Board of Assessors

1 Mass. App. Ct. 801 · Massachusetts Appeals Court · Jan 17, 1973

The skeletal records before us do not disclose any question of law which may have been raised before the board. If we accept the factual assertions in the appellants’ briefs, no error of law is made to appear. Athos V. … Decisions of the Appellate Tax Board affirmed.

Kelly v. Board of Appeals

5 Mass. App. Ct. 821 · Massachusetts Appeals Court · May 11, 1977

Lolos v. Berlin, 338 Mass. 10, 13-14 (1958). East Longmeadow v. Springfield, ante, 143,147-148 (1977). Mass.R.A.P. 16(a) (4), as amended effective February 24, 1975, 367 Mass. 919 . … See Parrish v. Board of Appeal of Sharon, 351 Mass. 561, 567-568 (1967); S. Volpe & Co. Inc. v. Board of Appeals of Wareham, 4 Mass. App. Ct. 357, 359 (1976). Judgment affirmed.

Rose v. Board of Selectmen

36 Mass. App. Ct. 34 · Massachusetts Appeals Court · Feb 7, 1994

See Forsyth Sch. for Dental Hygienists v. Board of Registration in Dentistry, 404 Mass. 211, 218 (1989). … Ct. 296, 304 (1985) (“where the board denies relief to the individual [denial of extra hours to remain open], it would do well to state its reasons at or near the time of decision”). Cf. Caswell v.

Canter v. Planning Board of Westborough

4 Mass. App. Ct. 306 · Massachusetts Appeals Court · May 17, 1976

It follows from that clear statutory language that the planning board may not disapprove a plan not shown to violate the regulations of the planning board or the requirements of the board of health. Pieper v. … Compare United Reis Homes, Inc. v. Planning Bd. of Natick, 359 Mass. at 625 . See also Rounds v. Board of Water & Sewer Commrs. of Wilmington, 347 Mass. 40, 46-47 (1964).

Caporale v. Board of Selectmen

37 Mass. App. Ct. 912 · Massachusetts Appeals Court · Aug 19, 1994

See White-house v. Sherborn, 11 Mass. App. Gt. 668, 670 (1981). Indeed, the owners of record at the time of the taking brought a petition under G. L. c. 79, § 14, for assessment of damages arising out of the taking. … Whitehouse v. Sherborn, 11 Mass. App. Ct. at 671-675. Eldredge v. Selectmen of Brewster, 18 Mass. App. Ct. 502, 503-507 (1984).