Case law

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.

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).

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.

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.

Fox v. Planning Board of Milton

24 Mass. App. Ct. 572 · Massachusetts Appeals Court · Aug 3, 1987

Compare Gallitano v. Board of Survey & Planning of Waltham, 10 Mass. App. Ct. 269 (1980); Hutchinson v. Planning Bd. of Hingham, 23 Mass App. Ct. 416 (1987). … See Gallitano v. Board of Survey & Planning of Waltham, 10 Mass. App. Ct. at 272-273 . Here, each of the proposed lots has the frontage called for by the Milton by-law.

Krafchuk v. Planning Board of Ipswich

70 Mass. App. Ct. 484 · Massachusetts Appeals Court · Oct 12, 2007

Pinecrest, Inc. v. … Green v. Board of Appeal of Norwood, 358 Mass. 253 , 257 n.4 (1970).” 13 3. Remaining issues.

Evans v. Contributory Retirement Appeal Board

46 Mass. App. Ct. 229 · Massachusetts Appeals Court · Jan 26, 1999

Admrs. & Supervisors v. Boston Retirement Bd., 383 Mass. 336 (1981). … Board.

Standerwick v. Zoning Board of Appeals

64 Mass. App. Ct. 337 · Massachusetts Appeals Court · Aug 26, 2005

Watros v. Greater Lynn Mental Health & Retardation Assn., 421 Mass. at 111. Marinelli v. Board of Appeals of Stoughton, 440 Mass. at 257-258 . … Ct. 707, 709 (1984); Bertrand v. Board of Appeals of Bourne, 58 Mass. App. Ct. 912, 912 (2003).

Doe v. Sex Offender Registry Board

85 Mass. App. Ct. 482 · Massachusetts Appeals Court · Jun 18, 2014

Based on a 1987 Federal kidnapping conviction, the Sex Offender Registry Board (SORB or board) notified John Doe of his duty to register and his preliminary classification as a level three sex offender. … Thus, although we show deference “to the expertise, technical competence, and specialized knowledge” of the board, see Pelonzi v.

Mackay v. Contributory Retirement Appeal Board

56 Mass. App. Ct. 924 · Massachusetts Appeals Court · Dec 30, 2002

In both cases, the Teachers’ Retirement Board (board) declined to let them do so, and the board’s decision was upheld on their appeals to the Contributory Retirement Appeal Board (CRAB). … Ct. 401 , 404 n.2 (1995), quoting from Board of Educ. v. School Comm. of Amesbury, 16 Mass. App. Ct. 508, 514 (1983), and ours is the power to determine pure questions of law. See Raytheon Co. v.

Warrington v. Zoning Board of Appeals

78 Mass. App. Ct. 903 · Massachusetts Appeals Court · Nov 30, 2010

Accord, e.g., Marotta v. Board of Appeals of Revere, 336 Mass. 199, 202-203 (1957); Barvenik v. Aldermen of Newton, 33 Mass. App. Ct. 129, 131 (1992); Denneny v. Zoning Bd. of Appeals *905 of Seekonk, 59 Mass. App. … See Chongris v. Board of Appeals of Andover, 17 Mass. App. Ct. 999, 1000 (1984); Butts v. Zoning Bd. of Appeals of Falmouth, 18 Mass. App. Ct. 249, 253 (1984); Jaffe v. Zoning Bd. of Appeals of Newton, 34 Mass. App.

COMMONWEALTH v. COMMONWEALTH EMPLOYMENT RELATIONS BOARD & another.

101 Mass. App. Ct. 616 · Massachusetts Appeals Court · Sep 2, 2022

The reviewing court "must accord deference to the [board's] specialized knowledge and expertise, and to its interpretation of the applicable statutory provisions." Worcester v. … Ct. at 639 , "[w]e will only set the board's decision aside if the record points to an overwhelming probability of the contrary" (quotation and citation omitted). Anderson v.

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.

Wells v. Zoning Board of Appeals

68 Mass. App. Ct. 726 · Massachusetts Appeals Court · Apr 24, 2007

Seltzer v. Board of Appeals of Orleans, 24 Mass. App. Ct. 521, 522 (1987), and cases cited. … Compare Willard v. Board of Appeals of Orleans, 25 Mass. App. Ct. 15 (1987); Dial Away Co. v. Zoning Bd. of Appeals of Auburn, 41 Mass. App. Ct. 165 (1996).

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.

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.

Timperio v. Zoning Board of Appeals

84 Mass. App. Ct. 151 · Massachusetts Appeals Court · Aug 16, 2013

See Hoffman v. Board of Zoning Appeal of Cambridge, 74 Mass. App. … In Preston v. Board of Appeals of Hull, 51 Mass. App.

Sieber v. Zoning Board of Appeals

16 Mass. App. Ct. 985 · Massachusetts Appeals Court · Sep 16, 1983

The plaintiffs brought this action seeking (1) judicial review of a decision by the zoning board of appeals of Wellfleet (board), and (2) a de *986 claratory judgment that the board’s decision was contrary to the provisions … Harry Sarkis Terkanian for Zoning Board of Appeals of Wellfleet & others. The defendants Daniel C. and Barbara L.

Marashlian v. Zoning Board of Appeals

37 Mass. App. Ct. 931 · Massachusetts Appeals Court · Oct 20, 1994

The judge concluded that plaintiffs Snow and Marashlian had standing to maintain the action, but that the board had not exceeded its authority. The case is controlled by our decision in Barvenik v. … Bedford v. Trustees of Boston Univ., 25 Mass. App. Ct. 372, 376 (1988).

Glidden v. Zoning Board of Appeals

77 Mass. App. Ct. 403 · Massachusetts Appeals Court · Aug 18, 2010

Southwestern Bell Mobile Sys., Inc., 429 Mass. 478, 486 (1999), quoting from MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 639 (1970). See Lobisser Bldg. Corp. v. … See Willard v. Board of Appeals of Orleans, 25 Mass. App. Ct. 15, 18 (1987); Dial Away Co. v. Board of Appeals of Auburn, 41 Mass. App. Ct. 165, 168 (1996).