Case law

Commonwealth v. Mottola

10 Mass. App. Ct. 775 · Massachusetts Appeals Court · Dec 9, 1980

Commonwealth v. Silva, supra at 406 . Commonwealth v. Almeida, 373 Mass. 266, 271 (1977). … Katz v. Cooley, 6 Mass. App.

Turner v. Town of Walpole

10 Mass. App. Ct. 515 · Massachusetts Appeals Court · Sep 16, 1980

See also MacGibbon v. Board of Appeals of Duxbury, 369 Mass. 512, 517 (1976); Lovequist v. Conservation Commn. of Dennis, 379 Mass. 7, 19-20 (1979). … Turnpike Realty Co. v. Dedham, 362 Mass. at 235 , quoting from Vartelas v. Water Resources Commn., 146 Conn. 650, 654 (1959). Davidson v. Commonwealth, 8 Mass. App. Ct. 541, 548 (1979). S. Kemble Fischer Realty Trust v.

Bryant v. City of Boston

11 Mass. App. Ct. 450 · Massachusetts Appeals Court · Feb 26, 1981

The tenants vacated, and the plaintiff boarded the house up. On June 12, 1972, the building department received a complaint. … Jakobsen v.

Koonce v. Aldo Realty Trust

8 Mass. App. Ct. 199 · Massachusetts Appeals Court · Aug 1, 1979

Tisei v. Building Inspector of Marlborough, 5 Mass. App. Ct. 328, 330 (1977). Levy v. Bendetson, 6 Mass. App. Ct. 558, 558-562 (1978). Harrow v. Board of Appeals of Pittsfield, 7 Mass. App. … Building Inspector of Lancaster v. Sanderson, 372 Mass. 157,160 (1977). Sanguinetti v. Nantucket Constr. Co., 5 Mass. App.

Commonwealth v. Perez

68 Mass. App. Ct. 282 · Massachusetts Appeals Court · Feb 20, 2007

In Commonwealth v. … Contrast Commonwealth v. Brown, ante 261, 267 (2007). 2. The defendant’s claim that he was not “present.” The defendant, citing Commonwealth v. Souza, 42 Mass. App.

Hultin v. Francis Harvey & Sons, Inc.

40 Mass. App. Ct. 692 · Massachusetts Appeals Court · Jul 9, 1996

Rhodes v. … In determining the amount of ‘excess’ that shall be subject to offset against any future compensation payment the board, the reviewing board, or the court in which the action has been commenced shall consider the fair allocation

JOSEPH CAFARELLI v. BRIAN ARRIGO & Another.

Massachusetts Appeals Court · Aug 25, 2025

L.L. v. 2 The plaintiff also filed a motion pursuant to Mass. R. Civ. P. 19, 365 Mass. 765 (1974), to add necessary parties, namely the retirement board and PERAC. … The retirement board was neither a party to the settlement agreement nor a party to the case. See Stone v. Treasurer of Malden, 309 Mass. 300, 302 (1941); Everett Retirement Bd. v. Assessors of Everett, 19 Mass.

Scanio v. Registrar of Motor Vehicles

36 Mass. App. Ct. 928 · Massachusetts Appeals Court · Mar 8, 1994

We doubt the plaintiff’s ultimate success on the argument which does not give adequate consideration either to basic rules of statutory construction (see e.g., Board of Educ. v. … See Gilmore v. Registrar of Motor Vehicles, 22 Mass. App. Ct. 920, 920-921 (1986). The plaintiffs application for injunctive relief was properly denied. See Packaging Indus. Group, Inc. v.

Morgan v. Jozus

67 Mass. App. Ct. 17 · Massachusetts Appeals Court · Aug 1, 2006

Asker v. Asker, 8 Mass. App. Ct. 634, 637 (1979). … We said in Platts v. Wronski, 15 Mass. App.

Commonwealth v. Williams

56 Mass. App. Ct. 337 · Massachusetts Appeals Court · Nov 1, 2002

See generally Commonwealth v. Brown, 389 Mass. 382 , 386 n.7 (1983); United States v. … See, e.g., Commonwealth v. Brown, 46 Mass. App. Ct. 279, 281-282 (1999), S.C., 47 Mass. App. Ct. 616 , S.C., 431 Mass. 772 (2000).

Souza

87 Mass. App. Ct. 162 · Massachusetts Appeals Court · Mar 18, 2015

Commonwealth v. Starkus, supra at 336 . … Tomich, a representative of the community access board. The law permits a representative of the community access board to testify in all proceedings like this one, and you may certainly rely upon the testimony of Dr.

MacLachlan v. Brotherhood Oil Corp.

10 Mass. App. Ct. 811 · Massachusetts Appeals Court · Jun 4, 1980

Deary, Inc. v. Crane, 4 Mass. App. Ct. 719, 724 (1976); Gerber v. Ty-Data, Inc., 5 Mass. App. Ct. 898 (1977). … L. c. 231, § 117; Mass.R.A.P. 6(b)(1), as amended effective July 1, 1979, 378 Mass. 931 (1979); Schlager v. Board of Appeal of Boston, 9 Mass. App. Ct. 72, 75-76 (1980).

Hook v. Hook

57 Mass. App. Ct. 342 · Massachusetts Appeals Court · Feb 7, 2003

Brown, 2 Mass. 279 , 281 (1807); Titus v. … See Brown, Rudnick, Freed & Gesmer v. Assessors of Boston, 389 Mass. 298, 301 (1983); Community Feed Stores v. Director of the Div. of Employment Security, 391 Mass. 488, 491 (1984). See also G.

Bigham v. Town of North Reading

3 Mass. App. Ct. 709 · Massachusetts Appeals Court · Feb 24, 1975

L. c. 41, § 81DD, the damages allegedly sustained by them by reason of the action of the town’s planning board which was considered in Bigham v. Planning Bd. of No. Reading, 362 Mass. 860 (1972). … The attempt must fail for the reasons set out in Flint v. Wilmington, 310 Mass. 66 (1941). Appeal dismissed.

Walsh v. Morrissey

63 Mass. App. Ct. 916 · Massachusetts Appeals Court · Jun 24, 2005

Walsh, the prospective purchaser of a twelve-acre parcel of land in Cohasset, appeals from a judgment rejecting his claim that his offer, written on a standard Greater Boston Real Estate Board form, when signed by the owner … Rosenfield v. United States Trust Co., 290 Mass. 210, 217 (1935). In McCarthy v.

Graveline v. Baybank Valley Trust Co.

19 Mass. App. Ct. 253 · Massachusetts Appeals Court · Jan 25, 1985

Ct. 935, 935-936 (1981) (misrepresentation of rental income not inherently unknowable because the rents were on file with the local rent control board); contrast Dinsky v. … Compare White v. Peabody Constr. Co., 386 Mass. 121, 129-130 (1982); Mansfield v. GAF Corp., 5 Mass. App.

Commonwealth v. Tompert

27 Mass. App. Ct. 804 · Massachusetts Appeals Court · Sep 27, 1989

See Delaware v. Prouse, supra at 654 .” Commonwealth v. King, 389 Mass. at 241 . See also Brown v. Texas, 443 U.S. 47, 50-51 (1979). … In Commonwealth v.

Commonwealth v. Salemme

3 Mass. App. Ct. 102 · Massachusetts Appeals Court · Mar 3, 1975

Contrast Commonwealth v. Brown, 367 Mass. 24, 31-32 (1975) . 7 Judgments affirmed. 1 Also, Mr. … Commonwealth v.

Rhoads v. Blume

7 Mass. App. Ct. 863 · Massachusetts Appeals Court · Feb 16, 1979

Contrast Sacco v. Inspector of Bldgs, of Brockton, 3 Mass. App. Ct. 749 (1975). … The judgment is reversed, and a new judgment is to be entered which annuls the decision of the board of appeals as in excess of its authority. John M. Kahn for the plaintiffs. So ordered. William M.

Commonwealth v. Marcotte

18 Mass. App. Ct. 391 · Massachusetts Appeals Court · Jul 19, 1984

See Commonwealth v. … Commonwealth v. Brattman, supra; Commonwealth v. Brown, 10 Mass. App. Ct. 935 (1980); Commonwealth v. Morales, 14 Mass. App. Ct. 1035 (1982).