Case law

Bernstein v. Planning Board of Stockbridge

76 Mass. App. Ct. 759 · Massachusetts Appeals Court · May 21, 2010

Dugout, Inc. v. Board of Appeals of Canton, 357 Mass. 25, 31 (1970). … See KCI Mgmt., Inc. v. Board of Appeal of Boston, supra.

Choate v. Zoning Board of Appeals

67 Mass. App. Ct. 376 · Massachusetts Appeals Court · Sep 15, 2006

See Bertrand v. Board of Appeals of Bourne, 58 Mass. App. Ct. 912, 912 (2003) (separate taxation of two nonconforming lots insufficient justification for variance); McGee v. Board of Appeal of Boston, 62 Mass. App. … Preston v. Board of Appeals of Hull, 51 Mass. App. Ct. 236, 238 (2001), quoting from Seltzer v. Board of Appeals of Orleans, 24 Mass. App. Ct. 521, 522 (1987). See Heavey v. Board of Appeals of Chatham, 58 Mass. App.

O'Brien v. Contributory Retirement Appeal Board

76 Mass. App. Ct. 901 · Massachusetts Appeals Court · Feb 18, 2010

Based on a recent opinion of the Supreme Judicial Court — Pelonzi v. … See Pelonzi v. Retirement Bd. of Beverly, 451 Mass. at 477 n.5.

Lamb v. Zoning Board of Appeals

76 Mass. App. Ct. 513 · Massachusetts Appeals Court · Apr 2, 2010

See, e.g., Raia v. Board of Appeals of North Reading, 4 Mass. App. … Although variances are to be granted sparingly, Damaskos v. Board of Appeal of Boston, 359 Mass. 55, 61 (1971), we see nothing in G.

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.

Batchelder v. Planning Board of Yarmouth

31 Mass. App. Ct. 104 · Massachusetts Appeals Court · Jul 23, 1991

Brown, J. … See also Hahn v. Planning Board of Stoughton, 24 Mass. App. Ct. 553, 556 (1987), where this court reiterated that G.

Bonfatti v. Zoning Board of Appeals

48 Mass. App. Ct. 46 · Massachusetts Appeals Court · Oct 1, 1999

Board of Appeals of Spencer, 22 Mass. App. Ct. 83, 85-86 (1986), citing with approval Hogan v. Hayes, 19 Mass. App. … “Section V-H(d) and (e). Section V-H(g). The zoning board was represented by different counsel on appeal.

Windsor v. PLANNING BOARD OF WAYLAND

26 Mass. App. Ct. 650 · Massachusetts Appeals Court · Dec 9, 1988

As in all appeals from planning board approvals, the burden is on the objector to show error, see Selectmen of Ayer v. Planning Bd. of Ayer, 3 Mass. App. … The proper practice would be to recommit to the board of health if the revision could be seen *659 to raise any new question within that board’s purview. See Doeblin v. Tinkham Dev. Corp., 7 Mass. App.

Gallagher v. Contributory Retirement Appeal Board

4 Mass. App. Ct. 1 · Massachusetts Appeals Court · Jan 9, 1976

L. c. 32, § 3[2] [d]; Andrade v. … See Bianchi v. Retirement Bd. of Somerville, 359 Mass. 642, 651-652 (1971). The judgment of the Superior Court is reversed, and the decisions of the appeal board and of the local board are set aside.

Chomerics, Inc. v. Board of Assessors

6 Mass. App. Ct. 394 · Massachusetts Appeals Court · May 31, 1978

These are consolidated actions for declaratory and injunctive relief, both brought by taxpayers of the city of Woburn (city) against the city’s board of assessors (board) and tax collector. … See also Rick Appeal, 402 Pa. 209, 210-211 (1961); Deitch v. Board of Property Assessment, 417 Pa. 213, 218-221 (1965); Kays, Inc. v. Board of Tax Review of New Haven, 170 Conn. 477 (1976).

Dube v. Contributory Retirement Appeal Board

50 Mass. App. Ct. 21 · Massachusetts Appeals Court · Aug 21, 2000

Co. v. Department of Envtl. Protection, 429 Mass. 798, 803 (1999), quoting from King v. Viscoloid Co., 219 Mass. 420, 425 (1914). … Dartt v. Browning-Ferris Indus., Inc. (Mass.), 427 Mass. 1, 9 (1998).

Fender v. Contributory Retirement Appeal Board

72 Mass. App. Ct. 755 · Massachusetts Appeals Court · Oct 3, 2008

Zavaglia v. Contributory Retirement Appeal Bd,., 345 Mass. 483, 486 (1963).” Blanchette v. Contributory Retirement Appeal Bd., 20 Mass. App. Ct. 479, 482-483 (1985). See Adams v. … See, e.g., Caswell v. Licensing Commn. for Brockton, 387 Mass. 864, 876-877 (1983); Costello v. Department of Pub. Utils., 391 Mass. 527, 537, 542 (1984); Foster from Gloucester, Inc. v.

Board of Selectmen v. The Governor

2 Mass. App. Ct. 597 · Massachusetts Appeals Court · Oct 9, 1974

This petition for a writ of certiorari was brought by the board of selectmen of the town of Sterling (petitioner) against the Governor and the members of the Executive Council (respondents) to quash their decision *598 awarding … Attorney Gen. v. Board of Pub. Welfare of Wilmington, 328 Mass. 468, 471 (1952). DiRado v. Civil Serv. Commn. 352 Mass. 130, 132 (1967). See Southwick Birds & Animals, Inc. v.

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).

Fairbairn v. Contributory Retirement Appeal Board

54 Mass. App. Ct. 353 · Massachusetts Appeals Court · Apr 1, 2002

See Noone v. Contributory Retirement Appeal Bd., supra at 763 n.11. Discussion. Noone v. … [retirement] board lacks medical information that, with nonmedical facts presented to the board, provides the basis for the decision of the [retirement] board on the question of causation” (emphasis in original).

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.

Houde v. Contributory Retirement Appeal Board

57 Mass. App. Ct. 842 · Massachusetts Appeals Court · Apr 25, 2003

White v. Boston, 428 Mass. 250, 252-253 (1998). … Retirement Bd. of Brookline v. Contributory Retirement Appeal Bd., 33 Mass. App. Ct. 478, 480 (1992), quoting from Pyramid Co. v. Architectural Barriers Bd., 403 Mass. 126, 130 (1988). Accord Hotchkiss v.

Parente v. State Board of Retirement

80 Mass. App. Ct. 747 · Massachusetts Appeals Court · Nov 3, 2011

In November, 2006, she applied for her pension benefits with the State retirement board (board). … On June 27, 2008, DALA affirmed the board’s decision, and on November 3, 2009, CRAB issued a decision adopting DALA’s conclusion and affirming the board’s decision.

Michaels v. Zoning Board of Appeals

71 Mass. App. Ct. 449 · Massachusetts Appeals Court · Mar 27, 2008

As parties in interest, the plaintiffs benefited from an initial presumption of standing to challenge the board’s action. See Standerwick v. Zoning Bd. of Appeals of Andover, 447 Mass. 20, 32-33 (2006). … Qualitatively, the evidence must be of a type on which a reasonable person could rely to conclude that the claimed injury likely will flow from the board’s action.” Butler v. Waltham, 63 Mass. App. Ct. at 441 .

Mellendick v. Zoning Board of Appeals

69 Mass. App. Ct. 852 · Massachusetts Appeals Court · Aug 24, 2007

Volpe & Co. v. Board of Appeals of Wareham, 4 Mass. App. Ct. 357, 359-360 (1976); Advanced Dev. Concepts, Inc. v. Blackstone, 33 Mass. App. Ct. 228, 231 (1992); Livoli v. Zoning Bd. of Appeals of Southborough, 42 Mass. … See generally Walker v. Board of Appeals of Harwich, 388 Mass. 42, 52-53 (1983).