Case law

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  • 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.

    Cited 9 timesPublished
  • Robinson v. Planning Board of Wayland

    23 Mass. App. Ct. 920 · Massachusetts Appeals Court · Dec 2, 1986

    See Mailer v. Mailer, 387 Mass. 401, 407 (1982); Doten v. Doten, 395 Mass. 135, 140 (1985); Hawkins v. Hawkins, 397 Mass. 401, 408 (1986). … Contrast Tammaro v. Colarusso, 11 Mass. App. Ct. at 49 . Orders affirmed.

    Cited 8 timesPublished
  • 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).

    Cited 18 timesPublished
  • Vitale v. Planning Board of Newburyport

    10 Mass. App. Ct. 483 · Massachusetts Appeals Court · Sep 8, 1980

    While a planning board may not act on the basis of generalized community concerns, however real (see Daley Constr. Co. v. Planning Bd. of Randolph, 340 Mass. 149, 152-156 [1959]; Pieper v. … Such an approval is binding on a planning board as to those subjects channeled by statute for board of health review. Patelle v. Planning Bd. of Woburn, 6 Mass. App. Ct. 951 (1978). See also Baker v.

    Cited 11 timesPublished
  • Bruni v. Planning Board

    73 Mass. App. Ct. 663 · Massachusetts Appeals Court · Feb 10, 2009

    As held in Beale v. … See Harrison v. Braintree, 355 Mass. 651, 655-656 (1969); Shea v. Danvers, 21 Mass. App. Ct. 996, 997-998 (1986).

    Cited 0 timesPublished
  • PLANNING BOARD OF NORWELL v. Serena

    27 Mass. App. Ct. 689 · Massachusetts Appeals Court · Aug 16, 1989

    See Vetter v. Zoning Bd. of Appeal of Atteleboro, 330 Mass. 628, 630 (1953); Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, 353 (1963); Alley v. Building Inspector of Danvers, 354 Mass. 6, 7-8 (1968); Raia v. … Board of Appeals of North Reading, 4 Mass. App. Ct. 318, 322 (1976); Arrigo v. Planning Bd. of Franklin, 12 Mass. App. Ct. 802, 803-804 (1981); Gordon v. Zoning Bd. of Appeals of Lee, 22 Mass. App.

    Cited 15 timesPublished
  • Duteau v. Zoning Board of Appeals

    47 Mass. App. Ct. 664 · Massachusetts Appeals Court · Sep 3, 1999

    Compare Shoppers’ World, Inc. v. Beacon Terrace Realty, Inc., 353 Mass. 63, 68-69 (1967), and Healy v. Board of Appeals of Watertown, 356 Mass. 130, 131 (1969), with Pelletier v. Board of Appeals of Leominster, 4 Mass. … See Pendergast v.

    Cited 22 timesPublished
  • Campbell v. Contributory Retirement Appeal Board

    17 Mass. App. Ct. 1018 · Massachusetts Appeals Court · Feb 28, 1984

    and we think it clear that the appellate courts have countenanced the use of the quoted standard by both the local retirement boards and CRAB. … but which neither board was required to accept.

    Cited 15 timesPublished
  • Canter v. Planning Board of Westborough

    7 Mass. App. Ct. 805 · Massachusetts Appeals Court · Jun 25, 1979

    The plaintiffs are once again before us on an appeal from a Superior Court judgment affirming the disapproval of their subdivision plan by the planning board of Westborough (board). In Canter v. … Building Inspector of Burlington v. Board of Appeals of Burlington, 356 Mass. 734 (1969). There is nothing in the record to suggest that the plaintiffs had any reason to expect a waiver, McDavitt v.

    Cited 10 timesPublished
  • Wheatley v. Planning Board of Hingham

    7 Mass. App. Ct. 435 · Massachusetts Appeals Court · Apr 20, 1979

    Compare Green v. Board of Appeal *445 of Norwood, 358 Mass. 253, 261-262 (1970); M. DeMatteo Constr. Co. v. Board of Appeals of Hingham, 3 Mass. App. Ct. 446, 458-460 (1975). … Co. v.

    Cited 14 timesPublished
  • Griffith v. Board of Appeals

    27 Mass. App. Ct. 227 · Massachusetts Appeals Court · Apr 25, 1989

    See Ranney v. Board of Appeals of Nantucket, 11 Mass. App. Ct. 112, 115 (1981). … Halko v.

    Cited 1 timesPublished
  • Damiano v. Contributory Retirement Appeal Board

    72 Mass. App. Ct. 259 · Massachusetts Appeals Court · Jul 23, 2008

    In reliance on Namvar v. Contributory Retirement Appeal Bd., 422 Mass. 1004, 1005 (1996), and Richard v. Retirement Bd. of Worcester, supra, the Contributory Retirement Appeal Board (CRAB) upheld the board’s decision. … See Hough v.

    Cited 5 timesPublished
  • Huntington v. Zoning Board of Appeals

    12 Mass. App. Ct. 710 · Massachusetts Appeals Court · Dec 4, 1981

    See Kane v. Board of Appeals of Medford, 273 Mass. 97, 104 (1930); Yaro v. Board of Appeals of Newburyport, 10 Mass. App. Ct. 587, 589-590 (1980). … Board of Appeal of Boston, 330 Mass. 676, 680 (1953); Warren v. Board of Appeals of Amherst, supra at 11; Raia v. Board of Appeals of No. Reading, 4 Mass. App. Ct. at 321-322 ; Planning Bd. of Watertown v.

    Cited 15 timesPublished
  • 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).

    Cited 8 timesPublished
  • Jaffe v. Zoning Board of Appeals

    34 Mass. App. Ct. 929 · Massachusetts Appeals Court · May 11, 1993

    See also Circle Lounge & Grille, Inc. v. Board of Appeal of Boston, 324 Mass. 427, 430 (1949); Waltham Motor Inn, Inc. v. LaCava, 3 Mass. App. Ct. 210, 214 (1975); Prudential Ins. Co. v. … Circle Lounge & Grille, Inc. v. Board of Appeal of Boston, supra at 432. See Reynolds v. Board of Appeal of Springfield, 335 Mass. 464, 470 (1957). Circle Lounge & Grille, Inc. v.

    Cited 9 timesPublished
  • Board of Selectmen of Pepperell v. Zoning Board of Appeals of Pepperell

    Massachusetts Appeals Court · Apr 12, 2024

    Williams v. Board of Appeals of Norwell, 490 Mass. 684, 693 (2022). … See Wendy's Old Fashioned Hamburgers of N.Y., Inc. v. Board of Appeal of Billerica, 454 Mass. 374, 381 (2009).

    Cited 0 timesPublished
  • Noone v. Contributory Retirement Appeal Board

    34 Mass. App. Ct. 756 · Massachusetts Appeals Court · Jul 14, 1993

    See Kelley v. Contributory Retirement Appeal Bd., 341 Mass. 611, 614 (1961). The State board denied Noone’s application, and Noone appealed the adverse decision to CRAB. See G. … See Campbell v. Contributory Retirement Appeal Bd. 17 Mass. App.

    Cited 13 timesPublished
  • Loe v. Sex Offender Registry Board

    73 Mass. App. Ct. 673 · Massachusetts Appeals Court · Feb 20, 2009

    Our review of the record leads us to conclude that the disagreement is immaterial; even were we to assume, favorably to the plaintiff, that the standard articulated in Commonwealth v. … The plaintiff argues that the standard should be the same as applies to claims of ineffective assistance in the criminal context, under Commonwealth v. Saferian , 366 Mass, at 96.

    Cited 5 timesPublished
  • Sparks v. PLANNING BOARD OF WESTBOROUGH

    2 Mass. App. Ct. 745 · Massachusetts Appeals Court · Dec 31, 1974

    See Wickham v. Newfane, 190 *749 Misc. (N. Y.) 880 (1947). We find no conflict between the board’s interpretation of its regulations in this respect and the requirements of G. … Ct. 889 (1972) (see Lolos v.

    Cited 8 timesPublished
  • Doe v. Sex Offender Registry Board

    81 Mass. App. Ct. 904 · Massachusetts Appeals Court · Jan 4, 2012

    Maintaining that this would deny him procedural due process rights, see Doe v. … See Commonwealth v. Bankert, 67 Mass. *906 App. Ct. 118, 121 (2006), quoting from Commonwealth v.

    Cited 3 timesPublished

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