Case law

Grenier v. Zoning Board of Appeals

62 Mass. App. Ct. 62 · Massachusetts Appeals Court · Sep 17, 2004

Rather, she suggests that Gem Properties, Inc. v. Board of Appeals of Milton, 341 Mass. 99, 104-105 (1960), and Jenckes v. … Grace & Co. — Conn. v. City Council of Cambridge, 56 Mass. App. Ct. 559, 574 (2002); Zanghi v. Board of Appeals of Bedford, 61 Mass. App.

Dunn v. Contributory Retirement Appeal Board

46 Mass. App. Ct. 359 · Massachusetts Appeals Court · Feb 22, 1999

Ct. at 95-96 ), not the review of the findings made by the local board. Any findings made by a local board were “of no particular significance” before CRAB. Namay v. Contributory Retirement Appeal Bd., 19 Mass. App. … See Goldberg v.

Kennedy v. Contributory Retirement Appeal Board

47 Mass. App. Ct. 425 · Massachusetts Appeals Court · Jul 27, 1999

magistrate and affirmed the decision of the board. … Pysz v. Contributory Retirement Appeal Bd., 403 Mass. 514, 518 (1988).

McDonough v. Plymouth County Personnel Board

57 Mass. App. Ct. 788 · Massachusetts Appeals Court · Apr 16, 2003

Authy. v. Civil Serv. Commn., 7 Mass. App. Ct. 586, 590-591 (1979); Commissioner of Health & Hosps. of Boston v. Civil Serv. Commn., 23 Mass. App. Ct. 410, 413 (1987); Green v. Brookline, 53 Mass. App. … Authy. v. Civil Serv. Commn., 1 Mass. App.

Giuffrida v. Zoning Board of Appeals

68 Mass. App. Ct. 396 · Massachusetts Appeals Court · Mar 6, 2007

Boyd v. Jamaica Plain Co-op. Bank, 7 Mass. App. Ct. 153, 163-167 (1979). … Heacock v. Heacock, 402 Mass. 21, 23 (1988). See TLT Constr. Corp. v. A. Anthony Tappe & Assocs., Inc., 48 Mass. App. Ct. 1, 6-8 (1999).

Manning v. Contributory Retirement Appeal Board

29 Mass. App. Ct. 253 · Massachusetts Appeals Court · Sep 19, 1990

Methuen Retirement Bd. v. … L. c. 32, § 1, definition of “Board.”

Harkins v. Contributory Retirement Appeal Board

15 Mass. App. Ct. 964 · Massachusetts Appeals Court · Mar 22, 1983

However, the effect of the presumption of regularity (Century Cab, Inc. v. Commissioner of Ins., 327 Mass. 652, 668 [1951]; Massachusetts Elec. Co. v. Department of Pub. … O’Leary, Town Counsel, for Milton Retirement Board. George M. Matthews, Assistant Attorney General, for Contributory Retirement Appeal Board. Paul F. Applebaum for the plaintiff. So ordered.

Mele v. Zoning Board of Appeals

5 Mass. App. Ct. 779 · Massachusetts Appeals Court · Feb 24, 1977

“Whatever the law may have been at the time the judge rendered his decision (see Pierce v. Board of Appeals of Carver, 3 Mass. App. … City Council of Waltham v. Board of Appeals of Waltham, ante, 773, 774 (1977), citing Pierce v. Board of Appeals of Carver, 369 Mass. 804, 807-812 (1976).

SCIT, Inc. v. Planning Board of Braintree

19 Mass. App. Ct. 101 · Massachusetts Appeals Court · Dec 21, 1984

Board of Appeals of Duxbury, 356 Mass. 635 (1970); Josephs v. Board of Appeals of Brookline, 362 Mass. 290 (1972); Kiss v. Board of Appeals of Longmeadow, 371 Mass. 147 (1976); Pioneer Home Sponsors, Inc. v. … Dugout, Inc. v. Board of Appeals of Canton, 357 Mass. 25 (1970).

Tosi v. Boston Rent Control Board

13 Mass. App. Ct. 921 · Massachusetts Appeals Court · Feb 1, 1982

See Mayo v. Boston Rent Control Admr., 365 Mass. 575, 576 (1974). … An examination of the record shows that this contention was not raised before the board, in the plaintiff’s pleadings, or in the Housing Court. “It cannot be raised for the first time before this court.” Milton v.

Knott v. Zoning Board of Appeals

12 Mass. App. Ct. 1002 · Massachusetts Appeals Court · Dec 17, 1981

Compare Todd v. Board of Appeals of Yarmouth, 337 Mass. 162,169 (1958); Maki v. Yarmouth, 340 Mass. 207,212-213 (1960). … See Dion v. Board of Appeals of Waltham, 344 Mass. 547, 555-556 (1962); Sullivan v. Board of Appeals of Canton, 345 Mass. 117, 120 (1962).

Burke v. Contributory Retirement Appeal Board

34 Mass. App. Ct. 212 · Massachusetts Appeals Court · Mar 12, 1993

See Malden Retirement Bd. v. Contributory Retirement Appeal Board, 1 Mass. App. Ct. 420 , 422 n.3 (1973). This was the certificate of Dr. Leonard Hall. The certificate of Dr. … “Board” refers, in the first instance, to Lowell’s retirement board. Where an appeal is taken, it refers to the Contributory Retirement Appeal Board. See Namay v. Contributory Retirement Appeal Bd., 19 Mass. App.

Rauseo v. Board of Assessors of Boston

94 Mass. App. Ct. 517 · Massachusetts Appeals Court · Nov 26, 2018

Adams v. Assessors of Westport, 76 Mass. App. Ct. 180, 183 (2010), quoting Raytheon Co. v. Commissioner of Revenue, 455 Mass. 334, 337 (2009). … Condominium Ass'n v.

Duhaime v. Planning Board

12 Mass. App. Ct. 907 · Massachusetts Appeals Court · Jul 3, 1981

The board refused to endorse the plan and the plaintiffs appealed under G. L. c. 41, § 81BB. See Waldor Realty Corp. v. Planning Bd. of West-borough, 354 Mass. 639 (1968); Gifford v. … Gallitano v. Board of Survey & Planning of Waltham, 10 Mass. App. Ct. 269, 270 (1980). Such an endorsement gives the lot shown on the plan no standing under the applicable zoning by-law. Gattozzi v.

DeLeire v. Contributory Retirement Appeal Board

34 Mass. App. Ct. 1 · Massachusetts Appeals Court · Jan 8, 1993

Both the Revere retirement board and the Contributory Retirement Appeal Board (CRAB) ruled against DeLeire, but a Superior Court judge, upon a review of the CRAB decision, ruled in DeLeire’s favor, remanding the case to CRAB … The term of his office had not expired, compare Brown v. Taunton, 16 Mass. App. Ct. 614, 619 (1983), and he had not been formally discharged, compare Massachusetts Bay Transp. Authy. v. Massachusetts Bay Transp. Authy.

Board of Health of Northbridge v. Couture

95 Mass. App. Ct. 296 · Massachusetts Appeals Court · May 20, 2019

Dartt v. Browning-Ferris Indus., Inc. (Mass.), 427 Mass. 1, 16 (1998), citing Labonte v. Hutchins & Wheeler, 424 Mass. 813, 821 (1997). … Frawley v. Police Comm'r of Cambridge, 473 Mass. 716, 729 (2016), quoting Doe v. Superintendent of Sch. of Stoughton, 437 Mass. 1, 6 (2002). 8 The board's request for appellate fees and costs is denied.

Willard v. Board of Appeals of Orleans

25 Mass. App. Ct. 15 · Massachusetts Appeals Court · Oct 26, 1987

See, e.g., O’Kane v. Board of Appeals of Hingham, 20 Mass. App. Ct. 162 (1985), and cases cited; Fitzsimonds v. Board of Appeals of Chatham, 21 Mass. App. Ct. at 55-56 . … Board of Appeals of Barnstable, 331 Mass. 555, 558-559 (1954); Planning Bd. of Springfield v. Board of Appeals of Springfield, 355 Mass. 460, 462 (1969); Josephs v.

Rosenfeld v. Board of Health of Chilmark

27 Mass. App. Ct. 621 · Massachusetts Appeals Court · Jul 26, 1989

See Creative Environments, Inc. v. Estabrook, 680 F.2d 822, 829 , 831-832 & n.9 (1st Cir. 1981), cert. denied, 459 U.S. 989 (1982) (planning board permit); Chiplin Enterprises, Inc. v. … Gallant v.

Fedorchuk v. Contributory Retirement Appeal Board

26 Mass. App. Ct. 916 · Massachusetts Appeals Court · Jun 28, 1988

The Boston retirement board denied the applicant’s request for accidental disability retirement. From this denial the applicant claimed an appeal to the Contributory Retirement Appeal Board (CRAB). … Sutliff, Assistant Attorney General, for Contributory Retirement Appeal Board. Nicholas Poser, Special Assistant Corporation Counsel, for Boston Retirement Board.

Analogic Corp. v. Board of Assessors

45 Mass. App. Ct. 605 · Massachusetts Appeals Court · Oct 9, 1998

Co. v. Assessors of Lynn, 393 Mass. 591, 599 (1984). The “substantial evidence,” upon which the board’s decision must rest, New Bedford Gas & Edison Light Co. v. … Those matters are for the board to decide, subject to judicial review. Compare Alstores Realty Corp. v.