Case law

Murray v. Board of Appeals of Barnstable

22 Mass. App. Ct. 473 · Massachusetts Appeals Court · Jul 7, 1986

Marotta v. Board of Appeals of Revere, 336 Mass. 199, 204 (1957). Paulding v. Bruins, supra at 709 . The record does not demonstrate that the Danielses presented evidence sufficient to overcome that presumption. … SeeMcAleer v. Board of Appeals of Barnstable, 361 Mass. 317, 323-324 (1972); Berliner v. Feldman, 363 Mass. 767, 777 (1973); Sullivan v. Board of Appeals of Harwich, 15 Mass. App. Ct. 286 , 289-290 *479 (1983).

Biotti v. Board of Selectmen of Manchester

25 Mass. App. Ct. 637 · Massachusetts Appeals Court · Apr 19, 1988

Brown, J. … In Toda v. Board of Appeals of Manchester, 18 Mass. App.

Redstone v. Board of Appeals of Chelmsford

11 Mass. App. Ct. 383 · Massachusetts Appeals Court · Feb 13, 1981

Marotta v. Board of Appeals of Revere, 336 Mass. 199, 204 (1957). Waltham Motor Inn, Inc. v. LaCava, supra at 217 . … Circle Lounge & Grille, Inc. v. Board of Appeal of Boston, 324 Mass. 427, 430 (1949).

Maguire v. Boston Rent Equity Board

25 Mass. App. Ct. 951 · Massachusetts Appeals Court · Feb 8, 1988

Compare Wellesley College v. Attorney Gen., 313 Mass. 722, 731 (1943). 1. … See Burwick v. Zoning Bd. of Appeals of Worcester, 1 Mass. App.

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.

Mendes v. Board of Appeals of Barnstable

28 Mass. App. Ct. 527 · Massachusetts Appeals Court · Apr 17, 1990

Norcross v. Board of Appeal of Boston, 255 Mass. 177, 184-186 (1926). Hammond v. Board of Appeal of Springfield, 257 Mass. 446, 447-448 (1926). Everpure Ice Mfg. Co. v. … See Kiss v. Board of Appeals of Longmeadow, 371 Mass. 147, 153-154 (1976), and cases cited; Shalbey v. Board of Appeal of Norwood, 6 Mass. App. Ct. 521, 529 (1978). Compare Vasilakis v.

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.

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.

Kaplan v. Contributory Retirement Appeal Board

51 Mass. App. Ct. 201 · Massachusetts Appeals Court · Mar 23, 2001

Brown, J. … L. c. 32, § 5(l)(m). 2 The denial was upheld by the Contributory Retirement Appeal Board (CRAB) and then by a judgment of the Superior Court.

Adams v. Contributory Retirement Appeal Board

33 Mass. App. Ct. 171 · Massachusetts Appeals Court · Aug 13, 1992

Morris v. Board of Registration in Med., 405 Mass. 103, 112-113 (1989). … See Morris v. Board of Registration in Med., 405 Mass. at 112-113 . We are of opinion that Adams’s duties exposed her to an identifiable condition which is not common to most occupations.

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.

DiGiovanni v. Board of Appeals of Rockport

19 Mass. App. Ct. 339 · Massachusetts Appeals Court · Feb 13, 1985

See Dion v. Board of Appeals of Waltham, 344 Mass. 547, 553-554 (1962); Spalke v. Board of Appeals of Plymouth, 7 Mass. App. Ct. 683 , 685 *344 (1979). … Stark v. Board of Appeals of Quincy, 341 Mass. 118, 122 (1960). Ferrante v. Board of Appeals of Northampton, 345 Mass. 158, 163 (1962). Smith v. Zoning Bd. of Appeals of Scituate, 347 Mass. 755 , 759 (1964).

Shalbey v. Board of Appeal of Norwood

6 Mass. App. Ct. 521 · Massachusetts Appeals Court · Aug 1, 1978

See Planning Bd. of Falmouth v. Board of Appeals of Falmouth, 5 Mass. App. Ct. 324, 325-327 (1977). Compare Kiss v. Board of Appeals of Longmeadow, 371 Mass. at 158-159 . Contrast Weld v. … Kiss v. Board of Appeals of Longmeadow, 371 Mass. at 153-154 . Caruso v. Pastan, 1 Mass. App. Ct. 28, 30 (1973). 6.

Indorato v. Contributory Retirement Appeal Board

20 Mass. App. Ct. 935 · Massachusetts Appeals Court · Jun 18, 1985

See Saxon Coffee Shop, Inc. v. … But see, Brown v. Taunton, 16 Mass. App. Ct. 614 , 619 n.6 (1983). Judgment affirmed.

Morse v. Board of Selectmen of Ashland

7 Mass. App. Ct. 739 · Massachusetts Appeals Court · Jun 13, 1979

Ct. 171 , 181 n.5 (1977), overruled on other grounds by LoringHills Developers Trust v. Planning Bd. of Salem, 374 Mass. 343, 349-350 (1978). Accord Boston Edison Co. v. … On review in the nature of certiorari the question whether the conclusions reached by the board are supported by substantial evidence is open for consideration. As we said in Fairbairn v.

Lee v. Board of Appeals of Harwich

11 Mass. App. Ct. 148 · Massachusetts Appeals Court · Jan 12, 1981

Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348 (1963); Berliner v. Feldman, 363 Mass. 767 (1973). While it is generally the policy of zoning by-laws to freeze and minimize substandard lots, Giovannucci v. … Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 513-514 (1975). *155 See also Labor Relations Commn. v. Selectmen of Dracut, 374 Mass. 619 (1978).

Maselbas v. Zoning Board of Appeals

45 Mass. App. Ct. 54 · Massachusetts Appeals Court · Jun 11, 1998

Board of Appeals of Dunstable, 418 Mass. 841, 843-847 (1994); Salah v. Board of Appeals of Canton, 2 Mass. App. Ct. 488, 496 (1974); Albee Indus., Inc. v. Inspector of Buildings of Waltham, 10 Mass. App. … Ct. 858 (1980); Gallagher v. Board of Appeals of Acton, 44 Mass. App. Ct. 906 (1997).

Kasper v. Board of Appeals of Watertown

3 Mass. App. Ct. 251 · Massachusetts Appeals Court · May 7, 1975

Board of Appeal of Boston, 268 Mass. 416, 418-419 [1929]; Gallagher v. Board of Appeals of Falmouth, 351 Mass. 410, 414-415, 419 [1966]; Lane v. … See Kane v. Board of Appeals of Medford, 273 Mass. 97, 101-102 (1930); Medeiros 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.

Reeves v. Board of Zoning Appeal

16 Mass. App. Ct. 1011 · Massachusetts Appeals Court · Oct 13, 1983

See Owens v. Board of Appeals of Belmont, 11 Mass. App. Ct. 994 (1981), and cases there collected. See also Circle Lounge & Grille, Inc. v. … See Lavere v. Board of Zoning Appeals of Syracuse, 39 App. Div. 2d 639 (1972), affd 33 N.Y. 2d 873 (1973). See also Annot., 89 A.L.R. 2d 663 , 669, 677 (1963).