Case law

Opinions from 1658 to today.

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  • Commonwealth v. Simmons

    11 Mass. App. Ct. 156 · Massachusetts Appeals Court · Jan 12, 1981

    Commonwealth v. Alleyne, supra at 31 . Commonwealth v. Rodriguez, 6 Mass. App. Ct. at 743-744 . … Wade, 388 U.S. 218 (1967), Simmons v.

    Cited 9 timesPublished
  • Goncalves v. Labor Relations Commission

    43 Mass. App. Ct. 289 · Massachusetts Appeals Court · Aug 1, 1997

    Vaca v. Sipes, 386 U.S. at 191 . … The Board of Commissioners shall confer within twenty (20) working days. The Commissioners’ decision shall be final subject to grievance procedures in Step Four.”

    Cited 9 timesPublished
  • LYNN ALLEGAERT, Trustee v. HARBOR VIEW HOTEL OWNER, LLC & Another.

    Massachusetts Appeals Court · Apr 18, 2025

    See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008). … In 2008, the zoning board of appeals of Edgartown (board) granted a special permit to Harbor View and, in 2018 and 2023, modified the special permit.

    Cited 0 timesUnpublished
  • Commonwealth v. Cruz

    62 Mass. App. Ct. 610 · Massachusetts Appeals Court · Dec 2, 2004

    Commonwealth v. … Board of Registration of Chiropractors, 396 Mass. 374, 378 (1985), Dagostino v. Commissioner of Correction, 52 Mass. App. Ct. 456, 459 (2001), the argument is unavailing.

    Cited 7 timesPublished
  • Dexter v. Superintendent, Massachusetts Correctional Institution, Concord

    88 Mass. App. Ct. 325 · Massachusetts Appeals Court · Sep 11, 2015

    Connery v. … Board of Health of N. Andover, 431 Mass. 9, 17 (2000), quoting from Brookline v. Commissioner of the Dept. of Envtl.

    Cited 3 timesPublished
  • Landing Grp., Inc. v. Dep't of Envtl. Prot. & Another

    93 Mass. App. Ct. 788 · Massachusetts Appeals Court · Aug 21, 2018

    See Trio Algarvio, Inc . v. Commissioner of the Dept. of Envtl. Protection , 440 Mass. 94 , 95, 795 N.E.2d 1148 (2003). … Quality Engr . v. Cumberland Farms of Conn., Inc ., 18 Mass. App. Ct. 672 , 676, 469 N.E.2d 1286 (1984).

    Cited 0 timesPublished
  • Commonwealth v. DiStefano

    22 Mass. App. Ct. 535 · Massachusetts Appeals Court · Jul 22, 1986

    The latter during the preceding three days had spoken with Jeanne, who had said she had brown heroin for sale and expected to have dilaudid and white heroin for sale within the *538 next few days. … In Commonwealth v.

    Cited 27 timesPublished
  • Commonwealth v. Braica

    68 Mass. App. Ct. 244 · Massachusetts Appeals Court · Feb 15, 2007

    See Commonwealth v. Welch, 444 Mass. at 98 . See also Duracraft Corp. v. Holmes Prod. Corp., 427 Mass. 156, 162 (1998); Kobrin v. Gastfriend, 443 Mass. 327, 331-332 (2005); Cadle Co. v. … Commonwealth v.

    Cited 3 timesPublished
  • Commerce Insurance v. Theodore

    65 Mass. App. Ct. 471 · Massachusetts Appeals Court · Jan 30, 2006

    Co. v. Fitchburg Mut. Ins. Co., 58 Mass. App. Ct. at 820-821 ; Monticello Ins. Co. v. Dion, 65 Mass. App. … See Maroney v. New York Cent. Mut. Fire Ins.

    Cited 11 timesPublished
  • Piggott v. Commissioner of Correction

    40 Mass. App. Ct. 678 · Massachusetts Appeals Court · Jul 9, 1996

    Burno v. Commissioner of Correction, 399 Mass, at 124-125; Cordeiro v. Commissioner of Correction, 37 Mass. App. Ct. 690, 692-693 (1994). … See Brown v. Commissioner of Correction, 336 Mass. 718 (1958); Croteau, petitioner, 353 Mass. 736 (1968); Lynch, petitioner, 379 Mass. 757 (1980). *683 Although in Cordeiro, 37 Mass. App.

    Cited 7 timesPublished
  • COFFEESHOP, LLC v. ALCOHOLIC BEVERAGES CONTROL COMMISSION & Another.

    Massachusetts Appeals Court · Mar 4, 2024

    See Van Liew v. … See Houston v.

    Cited 0 timesUnpublished
  • Buchannan v. Superintendent of Massachusetts Correctional Institution

    9 Mass. App. Ct. 545 · Massachusetts Appeals Court · Apr 10, 1980

    There, the prisoner, Blake, prayed for a declaration of his right to appear personally before the Parole Board in support of an application for early eligibility for parole. … Compare Wolf v. Commissioner of Pub. Welfare, 367 Mass. 293, 297-298 (1975). See also United States Parole Commn. v.

    Cited 5 timesPublished
  • Hagen v. Garabedian

    89 N.E.3d 1205 · Massachusetts Appeals Court · Sep 21, 2017

    Inc ., 477 Mass. 141 , 147 (2017), quoting from Duracraft Corp . v. Holmes Prods. Corp ., 427 Mass. 156 , 161 (1998). … Garabedian also asserts that he was engaged in petitioning activity when he defended himself against a Board of Bar Overseers (BBO) complaint filed by Hagen's former counsel.

    Cited 0 timesPublished
  • Stein v. Chalet Susse International, Inc.

    22 Mass. App. Ct. 174 · Massachusetts Appeals Court · May 9, 1986

    Counsel for Fineberg utilized the 1978 version of the Greater Boston Real Estate Board standard form of purchase and sale agreement in reducing the Fineberg-Lionson agreement to writing. … See Hallmark Builders, Inc. v. Hickory Lakes of Brandon, Inc., 444 So.2d 1047, 1050, 1051 (Fla. Dist. Ct. App. 1984); Anderson v. Draddy, 458 So.2d 803, 803-804, 805 (Fla. Dist. Ct. App. 1984); Lehr v.

    Cited 5 timesPublished
  • Carole Prevost v. Department of Children & Family.

    Massachusetts Appeals Court · Nov 1, 2023

    Brown v. Chicopee Fire Fighters Ass'n, Local 1710, IAFF, 408 Mass. 1003, 1004 n.4 (1990). review a judge's dismissal of a complaint for lack of subject matter jurisdiction de novo. See Lichoulas v. … See Brown v. Chicopee Fire Fighters Ass'n, Local 1710, IAFF, 408 Mass. 1003, 1004 n.4 (1990). See also Mass. R. A. P. 18 (a), as appearing in 481 Mass. 1637 (2019).

    Cited 0 timesUnpublished
  • Commonwealth v. Sneed

    56 Mass. App. Ct. 391 · Massachusetts Appeals Court · Nov 8, 2002

    Commonwealth v. Bryant, supra at 737 . See Commonwealth v. Groome, supra at 211-212 . 1. Place of interrogation. … Texas, 394 U.S. 324, 327 (1969) (suspect questioned in his room at boarding house by four officers was in custody). In this case, the defendant had been home sick for four days suffering from asthma.

    Cited 4 timesPublished
  • Sarvis v. Tucker

    110 N.E.3d 1219 · Massachusetts Appeals Court · Aug 13, 2018

    Ibid ., quoting from Anderson v. Liberty Lobby, Inc . 477 U.S. 242 , 252 (1986). On appeal our review is de novo. See O'Brien v. Pearson , 449 Mass. 377 , 383 (2007) ; Roman v. … Sarvis's nuisance claim derives from his allegations that Tucker is violating Nantucket zoning laws by operating a beauty salon and boarding house on her property.

    Cited 0 timesPublished
  • School Committee v. South Hadley Education Ass'n

    54 Mass. App. Ct. 665 · Massachusetts Appeals Court · May 9, 2002

    by either of them to submit any controversy to the board for binding arbitration. … See NLRB v.

    Cited 0 timesPublished
  • Naranjo v. Department of Revenue

    63 Mass. App. Ct. 260 · Massachusetts Appeals Court · Apr 14, 2005

    Veksler v. Board of Registration in Dentistry, 429 Mass. 650, 652 (1999). Conclusion. We reverse the judgment dismissing Naranjo’s complaint for declaratory relief. … See Department of Rev. v.

    Cited 6 timesPublished
  • Hickey v. Conservation Commission of Dennis

    93 Mass. App. Ct. 655 · Massachusetts Appeals Court · Jul 27, 2018

    Higby/Fulton Vineyard, LLC v. Board of Health of Tisbury, 70 Mass. App. Ct. 848, 850 (2007). Unlike in the zoning context, the Hickeys do not enjoy presumptive standing based on their status as abutters. … Kenner v.

    Cited 7 timesPublished

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