Case law

Gross v. Prudential Insurance Co. of America, Inc.

48 Mass. App. Ct. 115 · Massachusetts Appeals Court · Oct 21, 1999

To encourage the necessary private investment, “the statute provides that a project undertaken by a qualified applicant, such as an insurance company, is exempt from State and local taxation, including betterments and special … L. c. 40P. 2 The purpose of the act was “to establish a uniform statewide policy that broadly prohibits any regulatory scheme based upon or implementing rent control.” G. L. c. 40P, § 2.

Boston Redevelopment Authority v. Pham

88 Mass. App. Ct. 713 · Massachusetts Appeals Court · Dec 9, 2015

In this case we must decide whether Jeffrey Pham violated affordable housing restrictions established by the Boston Redevelopment Authority (BRA) that (1) required Pham to 1 Andrew Carpentier. … concluded that Pham continued to occupy the unit as his principal residence.6 With regard to renting the unit, the judge found that the covenant and other documents do not clearly prohibit him from having a roommate

Kline v. Shearwater Ass'n

63 Mass. App. Ct. 825 · Massachusetts Appeals Court · Jul 11, 2005

Neither the “guidelines” nor “construction *827 specifications,” mentioned elsewhere in the covenants, 5 were ever established. … The board established a design review committee (committee) to administer the review process.

Souza

87 Mass. App. Ct. 162 · Massachusetts Appeals Court · Mar 18, 2015

, sexual urges or behaviors involving sexual activity with a prepubescent child or children (generally 13 years of age or younger).’ ” While the judge acknowledged that the nine year old male victim in the 1990 incident clearly … Kelso, who testified as a qualified examiner.”

travers/dombroski Pc v. Kimberleah Collins.

Massachusetts Appeals Court · Jul 1, 2024

excessive; the judge's factual findings erroneously relied on the testimony of the plaintiff's sole witness; the plaintiff breached the contract, excusing her 1The court also ruled that the defendant failed to establish … Ct. 531, 536 (1995) ("In a bench trial credibility is 'quintessentially the domain of the trial judge [so that her] assessment is close to immune from reversal on appeal except on the most compelling of showings'").

Commonwealth v. Rodriguez

Massachusetts Appeals Court · Feb 20, 2018

Even with a qualified officer testifying, field test evidence may not be offered without a demonstration of its validity or reliability under Lanigan. … The improper use of the field test result clearly prejudiced the defendant, and we cannot say with fair assurance that the error had but slight effect. 2. Limitations on defense evidence.

Garabedian v. Westland

59 Mass. App. Ct. 427 · Massachusetts Appeals Court · Sep 26, 2003

in addition to affirming the building inspector’s denial of a permit for Garabedian to build a second hangar, that Garabedian had the right to bring fill onto his property, albeit subject to restrictions that the board established … The findings of fact as to loches by the trial judge, when based on oral evidence, will not be disturbed by a reviewing court unless clearly erroneous. Myers v. Salin, supra at 138 . There is no such error here. 6.

Lasell Village, Inc. v. Board of Assessors of Newton

67 Mass. App. Ct. 414 · Massachusetts Appeals Court · Sep 21, 2006

An exemption from taxation is recognized “only where the property falls clearly and unmistakably within the express words of a legislative command,” Boston Chamber of Commerce v. … The college’s academic dean testified that during the winter and early spring of 2001, there were formal proposals under consideration for the establishment of a research institute at the Village as well as for the establishment

Owens v. Mukendi

64 Mass. App. Ct. 820 · Massachusetts Appeals Court · Oct 21, 2005

Mass. 1997) (reasonable time under rule 60[b][6] may be more or less than one-year period established for filing under rule 60[b][l]-[3]). 11 However, there is one other principle at work. … Ct. at 295 (observing that attorney’s failure to pursue appeal, allegedly due to reliance on state *825 ments made by opposing counsel, might have qualified for rule 60[b][l] relief if the one-year time limit had not passed

Mike Glynn & Co. v. Hy-Brasil Restaurants, Inc.

75 Mass. App. Ct. 322 · Massachusetts Appeals Court · Sep 30, 2009

from which it was understood by the parties that the recipient would be free; and “(c) liability in restitution will not subject the recipient to a forced exchange. “(2) Restitution as authorized by subsection (1) may be qualified … or withheld if recovery would conflict with a system of priorities, established by *330 other law, ordering claims against the third person, the recipient, or the assets of either.”

Commonwealth v. Goodreau

58 Mass. App. Ct. 552 · Massachusetts Appeals Court · Jul 14, 2003

on the day of the shooting, his subsequent suicide attempt, and his state of mind at the time he tendered his plea (shock, remorse, desire to punish himself, and depression — the foregoing affecting his ability to think clearly … corroborate his suicide attempt; the appellate lawyer’s affidavit supplementing trial counsel’s affidavit is hearsay; the psychiatrist’s opinions are speculative; and not only are the brother’s observations biased, but he is not qualified

Pizzino v. Miller

67 Mass. App. Ct. 865 · Massachusetts Appeals Court · Dec 26, 2006

Where subsidiary findings are not clearly erroneous, we will generally not attempt to *872 make the ultimate decisions at the appellate level. … Here, the guardian ad litem was qualified; the mother received her report; the guardian was subject to cross-examination; and the mother was entitled to present evidence that rebutted the guardian’s findings.

Commonwealth v. Brown

74 Mass. App. Ct. 75 · Massachusetts Appeals Court · Apr 15, 2009

Indeed, part of the court’s holding was that undercover police officers, when acting within the scope of their investigatory duties, qualified as ultimate users within the meaning of § 1. Id. at 231. … The Commonwealth clearly met its burden of proving that the § 19 exemption did not apply, as there was abundant evidence that the purported prescriptions were not issued with an intent to advance a valid medical purpose.

Rafuse v. Stryker

61 Mass. App. Ct. 595 · Massachusetts Appeals Court · Aug 13, 2004

It is well established that whether the information requested is entitled to the exemption provided by G. … The judge’s determination can only be set aside if his findings are clearly erroneous or his ruling is tainted with an error of law. See Bougas v. Chief of Police of Lexington , 371 Mass, at 61.

Doe, SORB No. 6969 v. Sex Offender Registry Board

Massachusetts Appeals Court · May 10, 2021

It has long been established that an administrative agency has the authority to reopen an adjudicatory proceeding. … L. c. 30A, § 14, to conclude that it allows an agency, merely by wrongly denying a person an agency hearing, to immunize its decision from judicial review.

In re E.C.

89 Mass. App. Ct. 813 · Massachusetts Appeals Court · Aug 3, 2016

Thus, the Legislature clearly contemplated circumstances where a patient’s commitment could continue after the dismissal of criminal charges. Similarly, G. … The Appellate Division’s view of who qualified as a patient was too narrow. Pursuant to G.

Adoption of Anisha

89 Mass. App. Ct. 822 · Massachusetts Appeals Court · Aug 5, 2016

The judge's detailed findings of fact establish that these two best interest requirements have been satisfied. … The court, however, qualified that language by further stating that "[a]s a general matter, granting custody to a party opposed by the parents where neither the parents nor the parents' nominee is unfit or unsuitable,

Adoption of Varnell

Massachusetts Appeals Court · May 6, 2026

The MPA replaces gendered and outdated language, simplifies establishing legal parentage, and recognizes de facto and intended parents. See G. … She ruled that the child retained the right to inherit, obtain social security benefits (assuming he otherwise qualifies), have his father on his birth certificate, and pursue visitation with

Filippone v. Mayor of Newton

16 Mass. App. Ct. 417 · Massachusetts Appeals Court · Jul 28, 1983

There is, in the law of other jurisdictions, a clear, pervasive and well-established distinction between obligations of indemnity “from loss” and “from liability.” … Clearly then, this termination was an action within the ‘scope of his employment’ as a city official.” The plaintiffs admit that this statement is “basically true.”

Watros v. GREATER LYNN MENTAL HEALTH & RETARD.

37 Mass. App. Ct. 657 · Massachusetts Appeals Court · Nov 22, 1994

GLMHRA's motion clearly stated its reliance on the entire record, as well as the pleadings, as the basis for its arguments against the Watroses' standing. … To qualify for that limited class, a plaintiff must establish — by direct facts and not by speculative personal opinion — that his injury is special and different from the concerns of the rest of the community.