Case law

Kalman v. Board of Aldermen

13 Mass. App. Ct. 904 · Massachusetts Appeals Court · Jan 6, 1982

Nothing in Attorney Gen. v. Industrial Natl. Bank, 380 Mass. 533 (1980), requires a judge to dispose of a motion to transfer prior to ruling on a motion to dismiss.

Howe v. Health Facilities Appeals Board

20 Mass. App. Ct. 531 · Massachusetts Appeals Court · Aug 8, 1985

See, e.g., Cohen v. Board of Registration in Pharmacy, 350 Mass. 246, 253 (1966).” Boston Edison Co. v. Boston Redevelopment Authy., 374 Mass. 37, 54 (1977). … Co. v. Small Loans Regulatory Bd., 377 Mass. 282 (1979). Cast Iron Soil Pipe Inst. v. Board of State Examrs. of Plumbers & Gas Fitters, 8 Mass. App. Ct. 575, 589 (1979). See also Natick Trust Co. v.

Valcourt v. Zoning Board of Appeals

48 Mass. App. Ct. 124 · Massachusetts Appeals Court · Oct 21, 1999

Marotta v. Board of Appeals of Revere, supra at 204. See Watros v. Greater Lynn Mental Health & Retardation Assn., supra at 111; Waltham Motor Inn, Inc. v. LaCava, supra at 215 ; Barvenik v. … See Watros v. Greater Lynn Mental Health & Retardation Assn., supra; Murray v. Board of Appeals of Barnstable, 22 Mass. App. Ct. 473, 476 (1986). 2. Frontage.

Shafer v. Zoning Board of Appeals

24 Mass. App. Ct. 966 · Massachusetts Appeals Court · Aug 14, 1987

The case is governed by Warren v. Zoning Bd. of Appeals of Amherst, 383 Mass. 1, 11 (1981); Raia v. Board of Appeals of N. Reading, 4 Mass. App. Ct. 318, 322 (1976); Arrigo v. Planning Bd. of Franklin, 12 Mass. App. … Ct. 423, 432 (1984); Gordon v. Board of Appeals of Lee, 22 Mass. App. Ct. at 351 .

Herrick v. Essex Regional Retirement Board

68 Mass. App. Ct. 187 · Massachusetts Appeals Court · Feb 7, 2007

See, e.g., Schulte v. … Aker v. Pearson, supra. See National Lumber Co. v. LeFrancois Constr.

White v. Board of Selectmen

27 Mass. App. Ct. 1117 · Massachusetts Appeals Court · Apr 28, 1989

Labor Relations Commn. v. … See Duggan v. Taunton, supra at 652 ; Cowin v. Brookline, 4 Mass. App. Ct. 838, 839 (1976).

Narducci v. Contributory Retirement Appeal Board

68 Mass. App. Ct. 127 · Massachusetts Appeals Court · Jan 31, 2007

L. c. 32, § 7(1), with the Teachers’ Retirement Board (TRB). After a hearing before the AM, the plaintiff’s claim was denied. Her appeal to CRAB followed. … See Robinson v. Contributory Retirement Appeal Bd., 20 Mass. App. Ct. 634, 639 (1985). See also New Boston Garden Corp. v.

Mullin v. Planning Board of Brewster

17 Mass. App. Ct. 139 · Massachusetts Appeals Court · Nov 30, 1983

Board of Zoning Adjustment of *142 Boston, 336 Mass. 682, 684-685 (1958). See also Sesnovich v. Board of Appeal of Boston, 313 Mass. 393, 396 (1943); contrast Morgan v. Banas, 331 Mass. 694, 696-697 (1954). … L. c. 40A, § 9 (see O’Donnell v. Board of Appeals of Billerica, 349 Mass. 324, 327 [1965]; Milton Commons Assoc. v. Board of Appeals of Milton, 14 Mass. App.

Hoffman v. Board of Zoning Appeal

74 Mass. App. Ct. 804 · Massachusetts Appeals Court · Aug 10, 2009

Bar-venik v. Board of Alderman of Newton, 33 Mass. App. Ct. 129, 131 (1992). … See Seltzer v. Board of Appeals of Orleans, 24 Mass. App. Ct. 521, 522 (1987).

Anderson v. Commonwealth Employment Relations Board

73 Mass. App. Ct. 908 · Massachusetts Appeals Court · Jan 23, 2009

Ct. 621, 624 (1996), giving “deference to the [board’s] specialized knowledge and expertise, and to its interpretation of the applicable statutory provisions.” Worcester v. … We will only set the board’s decision aside if the record “points to an overwhelming probability of the contrary.” New Boston Garden Corp. v.

Hall v. Zoning Board of Appeals

28 Mass. App. Ct. 249 · Massachusetts Appeals Court · Feb 6, 1990

See Rando v. Board of Appeals of Bedford, 348 Mass. 296, 297-298 (1965). The use of the plaintiffs’ property by the tenants fits, in our view, well within the concept of “lodging houses,” so construed. … Compare Commonwealth v. Jaffe, 398 Mass. at 56-57 (1986). 8 Thus, contrary to the argument of the board, those who become tenants of the owners, even if they number more than four, are not necessarily “lodgers.” 9 2.

Livoli v. Zoning Board of Appeals

42 Mass. App. Ct. 921 · Massachusetts Appeals Court · Mar 3, 1997

Murray v. Board of Appeals of Barnstable, 22 Mass. App. Ct. 473, 478 (1986). We are to avoid an absurd result when the language is susceptible to sensible meaning. Green v. … Board of Appeal of Norwood, 358 Mass. 253, 258 (1970). Champigny v. Commonwealth, 422 Mass. 249, 251 (1996). Marshall v. Topsfield, 13 Mass. App. Ct. 425, 428 (1982).

Board of Health v. Hagopian

37 Mass. App. Ct. 174 · Massachusetts Appeals Court · Aug 18, 1994

Clean Harbors of Braintree, Inc. v. Board of Health of Braintree, 415 Mass. 876, 883 (1993). Compare Attorney Gen. v. … See Board of Health of Holbrook v. Nelson, 351 Mass. 17, 19 (1966)(court let stand an injunction obtained by a board of health to enjoin dumping on an unapproved site under § 150A); Seekonk v. Nunes, 2 Mass. App.

Kramer v. Zoning Board of Appeals

65 Mass. App. Ct. 186 · Massachusetts Appeals Court · Nov 29, 2005

Milton Commons Assocs. v. Board of Appeals of Milton, 14 Mass. App. Ct. 111, 114-115 (1982) (citation omitted). … Rousseau v. Building Inspector of Framingham, 349 Mass. 31, 36-37 (1965), quoting from Kane v. Board of Appeals of Medford, 273 Mass. at 104 .

McCausland v. Board of Appeals

6 Mass. App. Ct. 288 · Massachusetts Appeals Court · Apr 26, 1978

The plaintiff appealed to the Superior Court from a decision of the board of appeals (board), rendered under G. … Judgment was entered annulling the decision of the board, which has now appealed to this court. We commence our discussion with a summary of the relevant provisions of the by-law.

Brown-Forman Corp. v. Alcoholic Beverages Control Commission

65 Mass. App. Ct. 498 · Massachusetts Appeals Court · Feb 6, 2006

L. c. 30A, § 14(7), and discussed in Athol Daily News v. Board of Review of the Div. of Employment & Training, 439 Mass. 171, 174 (2003). See Buchanan v. Contributory Retirement Appeal Bd., 65 Mass. App. … Athol Daily News v. Board of Review of the Div. of Employment & Training, 439 Mass. at 174 . When, however, pure questions of law are at issue, we exercise de nova review. Buchanan v.

Board of Assessors v. Iodice

29 Mass. App. Ct. 1014 · Massachusetts Appeals Court · Jan 14, 1991

We hold that the board’s decisions were supported by substantial evidence, New Boston Garden Corp. v. Assessors of Boston, 383 Mass. 456, 465 (1981), and aErm the decisions. … Our review is limited to determining whether the board’s decisions were supported by substantial evidence. See New Boston Garden Corp. v. Assessors of Boston, 383 Mass. at 465 ; Donlon v.

Brown v. Office of the Commissioner of Probation

87 Mass. App. Ct. 729 · Massachusetts Appeals Court · Aug 4, 2015

In Todino v. … v.

Camacho v. Board of Selectmen

27 Mass. App. Ct. 178 · Massachusetts Appeals Court · Mar 30, 1989

Gorman v. Peabody, 312 Mass. 560, 569 (1942). See Moore v. … See *182 Troland v. Malden, 332 Mass. 351, 356 (1955); Scalley v. Woburn, 358 Mass. 815, 816 (1971). Contrast Lafleur v. Chicopee, 352 Mass. 746, 753 (1967).

Butts v. Zoning Board of Appeals

18 Mass. App. Ct. 249 · Massachusetts Appeals Court · Jun 11, 1984

Since Carley has demonstrated a legitimate interest in the board’s proceedings, see Rafferty v. Sancta Maria Hosp., 5 Mass. App. … See McLaughlin v. Rockland Zoning Bd. of Appeals, 351 Mass. 678, 680-683 (1967); Ladd v. Board of Appeal of Malden, 352 Mass. 777 (1967); Pierce v. Board of Appeals of Carver, 369 Mass. 804, 809-812 (1976).