Case law

LUCIUS HILL & Another v. CONSERVATION COMMISSION OF FALMOUTH.

Massachusetts Appeals Court · Aug 2, 2023

See Croteau v. Planning Bd. of Hopkinton, 40 Mass. App. … Wine v. Planning Bd. of Newburyport, 74 Mass. App. Ct. 521, 527 (2009) (burden of showing board erred in denying waiver because denial was not in public interest "nearly insupportable" [citation omitted]).

Emery v. Sturtevant

Massachusetts Appeals Court · May 12, 2017

The husband's position as head of school was governed by a series of three-year employment contracts; each contract was subject to extension at the discretion of NMH's board of trustees. … In 2010, the husband was involved in discussions with Mark Chardack, the chairman of NMH's board of trustees, to extend his employment contract once again.

Gannett v. Shulman

74 Mass. App. Ct. 606 · Massachusetts Appeals Court · Jul 6, 2009

Kitras v. … See Rood v. Newberg, 48 Mass. App.

Commonwealth v. Beaudry

63 Mass. App. Ct. 488 · Massachusetts Appeals Court · May 9, 2005

Brown, J. The defendant was convicted by a Superior Court jury of rape of a child, G. L. c. 265, § 23 (three counts), indecent assault and battery of a child under the age of fourteen, G. … See Commonwealth v. Ruffen, 399 Mass. 811, 815 (1987); Commonwealth v. Scheffer, 43 Mass. App. Ct. 398, 399 (1997).

DeSantis v. Commonwealth Energy System

68 Mass. App. Ct. 759 · Massachusetts Appeals Court · Apr 26, 2007

Tosti v. Ayik, supra. It is unavailing for a defendant to argue that there was evidence warranting a contrary finding by the jury. CurtissWright Corp. v. Edel-Brown Tool & Die Co., 381 Mass. 1, 4 (1980). … Pace v. Signal Technology Corp., 417 Mass. 154, 159 (1994), quoting from Cuoco v. NYNEX, Inc., 722 F. Supp. 884, 887 (D. Mass. 1989).

Judd v. McCormack

27 Mass. App. Ct. 167 · Massachusetts Appeals Court · Mar 28, 1989

Id., quoting Atwill v. Mackintosh, 120 Mass. 177, 183 (1876). Cf. Ezekiel v. … See Sheehan v. Tobin, 326 Mass. at 192 , quoting from Atwill v. Mackintosh, 120 Mass. 177, 183 (1876); Vigoda v. Barton, 348 Mass. at 485 .

Davidson v. Davidson

19 Mass. App. Ct. 364 · Massachusetts Appeals Court · Feb 20, 1985

Rice v. … Van Loan, 116 Ariz. 272 (1977); In re Marriage of Brown, 15 Cal. 3d 838 (1976); Robert C.S. v. Barbara J.S., 434 A.2d 383 (Del. 1981); In re Marriage of Fairchild, 110 Ill. App. 3d 470 (1982); Damiano v.

Commonwealth v. Crayton

93 Mass. App. Ct. 251 · Massachusetts Appeals Court · May 23, 2018

L. c. 234A, § 74; Commonwealth v. Sheehy, 412 Mass. 235, 237-238 (1992); Commonwealth v. Vuthy Seng, 456 Mass. 490, 495 n.7 (2010); Commonwealth v. … So I want him to be able to take advantage and for the parole board to be able to, if they release him, have some -- parole is the equivalent of probation.

Baby Furniture Warehouse Store, Inc. v. Meubles D&F Ltée

75 Mass. App. Ct. 27 · Massachusetts Appeals Court · Aug 21, 2009

Kobrin v. Board of Registration in Med., 444 Mass. 837, 843 (2005), quoting from DaLuz v. Department of Correction, 434 Mass. 40, 45 (2001). As the movant, Meubles bears the burden of establishing all three elements. … See Anderson v. Phoenix Inv.

Commonwealth v. Ellis

12 Mass. App. Ct. 612 · Massachusetts Appeals Court · Nov 18, 1981

In the automobile trunk was a Samsonite brown case with a zipper more than half closed. In that case, among other items, were two plastic bags containing a white substance. … See also United States v.

School Committee of Chicopee v. Chicopee Education Ass'n

80 Mass. App. Ct. 357 · Massachusetts Appeals Court · Sep 8, 2011

Dist. v. J. Farmer & Co., 407 Mass. 1006, 1007 (1990). … Rent-A-Center, Inc., 454 Mass. 667, 671 (2009), quoting from TBI, Inc. v. Board of Health of N. Andover, 431 Mass. 9, 18 (2000).

School Committee v. Labor Relations Commission

21 Mass. App. Ct. 245 · Massachusetts Appeals Court · Dec 17, 1985

See also Relph v. Board of Educ. of DePue Unit Sch. Dist. No. 103, 84 Ill. 2d 436, 442 (1981, where it was said that, on “the first time ... … For other authorities, see Commonwealth v. Ackers, 343 Mass. 63, 68 (1961); Sjostrom v.

ELIZABETH CERDA & Another v. MICHAEL DUNN & Another.

Massachusetts Appeals Court · Oct 29, 2025

Pierce v. Morrison Mahoney LLP, 452 Mass. 718, 731 (2008), quoting Bar Counsel v. Board of Bar Overseers, 420 Mass. 6, 11 (1995). … Board of Registration in Med., 444 Mass. 837, 843 (2005). 9 Ordinarily, an objection to the denial of a motion in limine does not preserve the issue for appellate review. See Hoffman v. Houghton Chem.

D.D.S. Industries, Inc. v. Leftfield LLC.

Massachusetts Appeals Court · Nov 12, 2024

with the board. … Keegan v. Pellerin, 76 Mass. App. Ct. 186, 192 (2010). See Cardno ChemRisk, LLC v.

Commonwealth v. Urkiel

63 Mass. App. Ct. 445 · Massachusetts Appeals Court · May 6, 2005

At McCarthy’s command, “Spray him again,” Greene and Rice did so until the OC dripped onto the defendant’s shirt and the floor boards of the porch. … See Commonwealth v. Arsenault, 361 Mass. 287, 298 (1972); Commonwealth v. Hardy, 6 Mass. App.

National Medical Care, Inc. v. Zigelbaum

18 Mass. App. Ct. 570 · Massachusetts Appeals Court · Sep 26, 1984

On June 25,1973, NMC sent a letter to the defendant informing him that the boards of directors of NMC and HRI had voted to terminate his employment as of June 30, 1973. … But see Staples Coal Co. v. Ucello, 333 Mass. 464, 468 (1956); Costonis v.

Commonwealth v. Widener

Massachusetts Appeals Court · Jun 15, 2017

Veary, Jr., J., and the cases were tried before Angel Kelley Brown, J. Timothy St. Lawrence for the defendant. Stacey L. Gauthier, Assistant District Attorney, for the Commonwealth. KINDER, J. … Commonwealth v.

Commonwealth v. Flint

81 Mass. App. Ct. 794 · Massachusetts Appeals Court · May 30, 2012

See State v. … See also Bransford v. Brown, 806 F.2d 83, 86 (6th Cir. 1986), cert, denied, 481 U.S. 1056 (1987). 2. The negligence of the court reporter. The defendant also seeks to distinguish this case from Commonwealth v.

Westinghouse Electric Supply Co. v. Healy Corp.

5 Mass. App. Ct. 43 · Massachusetts Appeals Court · Jan 31, 1977

Inc. v. … See Slater v. Burnham Corp. 4 Mass. App. Ct. 791 (1976); Storer v. Anderson, 4 Mass. App. Ct. 809 (1976); Haddad v. Board of Appeals of Medford, 4 Mass. App. Ct. 843 (1976).

Wells Fargo Business Credit v. Environamics Corp.

77 Mass. App. Ct. 812 · Massachusetts Appeals Court · Sep 27, 2010

Pemstein v. Stimpson, 36 Mass. App. Ct. 283, 291 (1994). See Nadler v. … Corp. v. Morris & Son Constr.