Case law

Norfolk County Retirement Board v. Contributory Retirement Appeal Board

15 Mass. App. Ct. 683 · Massachusetts Appeals Court · Apr 22, 1983

See Selectmen of Topsfield v. State Racing Commn., 324 Mass. 309, 312-313 (1949); Moynihan v. Arlington, 6 Mass. App. Ct. 960 (1978). … Ry. v. Massachusetts Bay Transp. Authy., 350 Mass. 340, 343 (1966). It is unnecessary to look beyond the pertinent language of § 100, quoted above, to determine its meaning. See Commonwealth v.

Tabroff v. Contributory Retirement Appeal Board

69 Mass. App. Ct. 131 · Massachusetts Appeals Court · May 23, 2007

The retirement board of Peabody (board) appeals from a judgment entered in the Superior Court in favor of Ronald Tabroff. … Retirement Bd. of Taunton v. Contributory Retirement Appeal Bd., 56 Mass. App. Ct. 914, 915 (2002). See Falmouth v. Civil Service Commn., 447 Mass. 814, 821 (2006), quoting from Nuclear Metals, Inc. v.

Hunter v. Contributory Retirement Appeal Board

80 Mass. App. Ct. 257 · Massachusetts Appeals Court · Aug 29, 2011

He also argues that because the Essex County retirement board (county board) at one point classified him in Group 4, the State Board of Retirement (State board) was precluded by G. … See also Hollstein v. Contributory Retirement Appeal Bd., 47 Mass. App. Ct. 109, 110-112 (1999) (discussing authority of Boston retirement board to correct errors in retirement calculations). Judgment affirmed.

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).

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.

Donnelly v. Contributory Retirement Appeal Board

15 Mass. App. Ct. 19 · Massachusetts Appeals Court · Dec 13, 1982

Co. v. Boston, 369 Mass. 542, 546 (1976), quoted in Nantucket Conservation Foundation, Inc. v. Russell Management, Inc., 380 Mass. at 214 . … In Brewer v. Brewer, 329 Mass. 205 (1952), decided under a prior version of G.

Chase v. PLANNING BOARD OF WATERTOWN

4 Mass. App. Ct. 430 · Massachusetts Appeals Court · Jul 7, 1976

L. c. 30A, § 14, because the planning board of Watertown is a local body and is not an “agency” for purposes of the State Administrative Procedure Act, G. L. c. 30A. See Dixie’s Bar Inc. v. … Boston Licensing Bd. 357 Mass. 699 , *433 702 (1970); Sherman v. Rent Control Bd. of Brookline, 367 Mass. 1, 7-8 (1975). Therefore, review of the board’s decision cannot be obtained under G. L. c. 30A, § 14.

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).

Stampfl v. Zoning Board of Appeals

33 Mass. App. Ct. 354 · Massachusetts Appeals Court · Sep 30, 1992

The Stampfls and Norwood’s zoning board of appeals (board) appeal from a judgment of the Superior Court which, as we interpret it, requires the Stampfls, who *355 use the northerly portion of their lot for open storage of … The Stampfls cite Bellows Farms, Inc. v. Building Inspector of Acton, 364 Mass. 253 (1973), which interpreted the predecessor statute to G.

Karet v. Zoning Board of Appeals

27 Mass. App. Ct. 439 · Massachusetts Appeals Court · Jun 7, 1989

Warren v. Zoning Bd. of Appeals of Amherst, 383 Mass. 1, 11 (1981). Guiragossian v. Board of Appeals of Watertown, 21 Mass. App. Ct. 111, 116 (1985). DiCicco v. Berwick, ante 312 (1989). … Raia v. Board of Appeals of North Reading, 4 Mass. App. Ct. 318, 322 (1976), and cases cited. Arrigo v. Planning Bd. of Franklin, 12 Mass. App. Ct. 802, 803-804 (1981). Gordon v. Zoning Bd. of Appeals of Lee, 22 Mass.

Gaw v. Contributory Retirement Appeal Board

4 Mass. App. Ct. 250 · Massachusetts Appeals Court · Apr 16, 1976

Our examination of § 3 (2) (g) in accordance with standard principles of statutory construction (see Board of Education v. Assessor of Worcester, 368 Mass. 511, 513 [1975], and cases cited; Prudential Ins. Co. v. … The appeal board answered that question in the negative. To the extent that its answer was a finding of fact, it was supported by substantial evidence *257 and must stand. Compare Maddocks v.

Rhodes v. Board of State Examiners

4 Mass. App. Ct. 767 · Massachusetts Appeals Court · Jan 9, 1976

[its] function of appellate review.’ ” Andrade v. Contributory Retirement Appeal Bd. 350 Mass. 447, 449 (1966). Hamilton v. Department of Pub. Util. 346 Mass. 130, 137 (1963). … [the board] applied correct principles of law to the facts found by it” (School Comm. of Chicopee v. Massachusetts Comm. Against Discrimination, 361 Mass. 352, 355 [1972], citing New York Cent. R.R. v.

Hollstein v. Contributory Retirement Appeal Board

47 Mass. App. Ct. 109 · Massachusetts Appeals Court · Jun 9, 1999

Board of Educ., 363 Mass. 20, 31-32 (1973); Broadhurst v. Director of the Div. of Employment Security, 373 Mass. 720, 725-727 (1977); Boston v. Massachusetts Commn. Against Discrimination, 39 Mass. App. … As the board is legally distinct from the city, see Everett Retirement Bd. v. Assessors' of Everett, 19 Mass. App.

Board of Selectmen v. County Commissioners

12 Mass. App. Ct. 900 · Massachusetts Appeals Court · Jul 1, 1981

This action was brought in October, 1970, by the board of selectmen of Hull and twelve taxpayers of that town in an effort to obtain a declaration that Hull had been disproportionately assessed for county taxes through the … Lee v. Templeton, 13 Gray 476 , 480 (1859). Barrett v. Cambridge, 10 Allen 48 (1865). Bogigian v. Commissioner of Corps. & Taxn., 256 Mass. 142, 147 (1926). Stoneman v. Boston, 263 Mass. 255, 261 (1928).

Sedell v. Zoning Board of Appeals

74 Mass. App. Ct. 450 · Massachusetts Appeals Court · Jun 22, 2009

Britton v. … Ct. at 76 , quoting from Copley v. Board of Appeals of Canton, 1 Mass. App. Ct. 821 (1973).

Riffelmacher v. Board of Police Commissioners

27 Mass. App. Ct. 159 · Massachusetts Appeals Court · Mar 24, 1989

See Thorne v. City of El Segundo, 726 F.2d 459, 465, 467-468 (9th Cir. 1983), cert. denied, 469 U.S. 979 (1984); Fadhl v. City and County of San Francisco, 741 F.2d 1163, 1165-1166 (9th Cir. 1984); Pitre v. … the board feels that Mrs.

DiNatale v. Contributory Retirement Appeal Board

39 Mass. App. Ct. 401 · Massachusetts Appeals Court · Nov 7, 1995

Attorney Gen. v. Department of Pub. Util., 390 Mass. 208, 228 (1983). See Boston Police Superior Officers Fedn. v. … Board of Educ. v. School Comm, of Amesbury, 16 Mass. App. Ct. 508, 514 (1983).

Costa v. Zoning Board of Appeals

6 Mass. App. Ct. 872 · Massachusetts Appeals Court · Apr 25, 1978

See Real Properties, Inc. v. Board of Appeal of Boston, 319 Mass. 180, 184 (1946); Sullivan v. Board of Appeals of Belmont, 346 Mass. 81, 84-85 (1963); Bouchard v. Ramos, 346 Mass. 423, 425-426 (1963); Garfield v. … Board of Appeals of Rockport, 356 Mass. 37, 41 (1969); Wolfson v. Sun Oil Co., 357 Mass. 87, 90 (1970). Dion v.

Klein v. Planning Board of Wrentham

31 Mass. App. Ct. 777 · Massachusetts Appeals Court · Jan 9, 1992

Appeals of Dedham v. … See Bruzzese v. Board of Appeals of Hingham, 343 Mass. 421, 424 (1962); Raia v. Board of Appeals of N. Reading, 4 Mass. App. Ct. 318, 322 (1976), and cases cited.

Colo v. Contributory Retirement Appeal Board

37 Mass. App. Ct. 185 · Massachusetts Appeals Court · Aug 19, 1994

Angelo V. Colo was a call fire fighter in the town of Athol for thirty-two years and two months. During that entire period, the Athol Retirement Board (board) took de *186 ductions from his salary. … Long Beach, 29 Cal. 2d 848, 853-856 (1947); Allen v. Long Beach, 45 Cal. 2d 128, 133 (1955); and Wisley v. San Diego, 188 Cal. App. 2d 482, 485-486 (1961). See also Betts v. Board of Admn. of the Pub.