Case law

Chaume v. Zoning Board of Appeals

27 Mass. App. Ct. 1135 · Massachusetts Appeals Court · May 16, 1989

MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 641 (1970). MacNeil v. Avon, supra at 341 . … See MacNeil v. Avon, 386 Mass. at 343-344 .

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).

Federman v. Board of Appeals of Marblehead

35 Mass. App. Ct. 727 · Massachusetts Appeals Court · Jan 10, 1994

Gulf Oil Corp. v. Board of Appeals of Framingham, 355 Mass. 275, 277 (1969). S. Kemble Fischer Realty Trust v. Board of Appeals of Concord, 9 Mass. App. Ct. 477, 481, cert. denied, 449 U.S. 1011 (1980). SCIT, Inc. v. … Volpe & Co. v. Board of Appeals of Wareham, 4 Mass. App. Ct. 357 (1976), and Subaru of New England, Inc. v. Board of Appeals of Canton, 8 Mass. App. Ct. 483, 487-488 (1979). Compare Mahoney v.

Salah v. Board of Appeals of Canton

2 Mass. App. Ct. 488 · Massachusetts Appeals Court · Aug 5, 1974

Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 300 (1972). See Tambone v. Board of *496 Appeal of Stoneham, 348 Mass. 359, 365 (1965); Slater v. Board of Appeals of Brookline, 350 Mass. 70, 74 (1966). … [the board’s decision] . . ..” G. L. c. 40A, § 18. See Josephs v.

Christensen v. Contributory Retirement Appeal Board

42 Mass. App. Ct. 544 · Massachusetts Appeals Court · Apr 29, 1997

Administrators & Supervisors v. Boston Retirement Bd., supra, is misplaced. … Administrators & Supervisors v. Boston Retirement Bd., supra at 342 n.6.

Board of Appeals of Rockport v. DeCarolis

32 Mass. App. Ct. 348 · Massachusetts Appeals Court · Apr 1, 1992

Starrett, the chairperson of the board, and that, as one member of a public board, he has no standing to appeal. State Bd. of Retirement v. Contributory Retirement Appeal Bd., 342 Mass. 58, 59 (1961). See also Carr v. … The individual members of a public board need not be named as parties to a suit brought on behalf of the board. School Comm. of Boston v. Reilly, 362 Mass. 334, 339-340 (1972). Ciszewski v. Industrial Acc.

Strand v. Planning Board of Sudbury

7 Mass. App. Ct. 935 · Massachusetts Appeals Court · Jun 27, 1979

Judicial review of planning board decisions is limited upon a de novo consideration to a determination whether the board’s decision exceeded its authority. Rettig v. Planning Bd. of Rowley, 332 Mass. 476, 478 (1955). … Strand v. Planning Bd. of Sudbury, supra at 21, quoting from Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555, 559 (1954) (construing "justice and equity” provision in the Zoning Enabling Act).

Habeeb v. Retirement Board of Quincy

15 Mass. App. Ct. 902 · Massachusetts Appeals Court · Dec 9, 1982

See Packard Clothes Inc. v. Director of the Div. of Employment Security, 318 Mass. 329, 335-336 (1945). See also Fitz-Inn Auto Parks, Inc. v. Commissioner of Labor & Indus., 350 Mass. 39, 42 (1965); Graci v. … LaCouture v. Retirement Bd. of Quincy, 11 Mass. App. Ct. 738, 741-742 (1981). The judgment is reversed, and the matter is remanded to the Superior Court for the entry of a new judgment consistent with this opinion.

Girard v. Board of Appeals of Easton

14 Mass. App. Ct. 334 · Massachusetts Appeals Court · Aug 23, 1982

Compare Vetter v. Zoning Bd. of Appeal of Attleboro, 330 Mass. 628, 630 (1953); Lindsay v. Board of Appeals of Milton, 362 Mass. 126, 130-131 (1972). … See Lindsay v. Board of Appeals of Milton , 362 Mass, at 131.

Newton v. Commonwealth Employment Relations Board

Massachusetts Appeals Court · May 22, 2024

Hollup v. Worcester Retirement Bd., 103 Mass. App. Ct. 157, 160– 161 (2023). See Morris v. … Dist. v.

Twomey v. Board of Appeals of Medford

7 Mass. App. Ct. 770 · Massachusetts Appeals Court · Jun 15, 1979

Raia v. Board of Appeals of No. Reading, 4 Mass. App. Ct. 318, 321 (1976). City Council of Waltham v. Board of Appeals of Waltham, 5 Mass. App. Ct. 773 (1977). Mele v. Zoning Bd. of Appeals of Milford, 5 Mass. App. … Shaughnessy v. Board of Appeals of Lexington, 357 Mass. 9, 14 (1970).

Giovannucci v. Board of Appeals of Plainville

4 Mass. App. Ct. 239 · Massachusetts Appeals Court · Apr 12, 1976

See Vetter v. Board of Appeal of Attleboro, 330 Mass. 628, 630 (1953). Vassalotti v. Board of Appeals of Sudbury, 348 Mass. at 660-661 ; Smigliani v. Board of Appeals of Saugus, 348 Mass. at 794. … Board of Appeals of Wellesley, 345 Mass. 348, 352 (1963); Vassalotti v. Board of Appeals of Sudbury, 348 Mass. at 661 ; Lindsay v. Board of Appeals of Milton, 362 Mass. at 131-132 .

Tsagronis v. Board of Appeals of Wareham

33 Mass. App. Ct. 55 · Massachusetts Appeals Court · Jul 24, 1992

See Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 292 (1972); Alpert v. Board of Appeal of Chelsea, 6 Mass. App. Ct. 888, 889 (1978). … Circle Lounge & Grille, Inc. v. Board of Appeal of Boston, 324 Mass. 427, 430-432 (1949); Redstone v. Board of Appeals of Chelmsford, 11 Mass. App. Ct. 383, 385 (1981).

Solar v. Zoning Board of Appeals

33 Mass. App. Ct. 398 · Massachusetts Appeals Court · Oct 9, 1992

L. c. 40A, § 9. 4 See Maki v. Yarmouth, 340 Mass. 207, 212-213 (1960); Shuman v. Aldermen of *401 Newton, 361 Mass. 758 , 766-767 & n.11 (1972); Hopengarten v. Board of Appeals of Lincoln, 17 Mass. App. … The stated purpose of the board’s new policy, to meet all new owners of accessory apartments, shows that the “sun *402 set provision” is unrelated to the land. See Dowd v. Board of Appeals of Dover, 5 Mass. App.

Gordon v. State Building Code Appeals Board

70 Mass. App. Ct. 12 · Massachusetts Appeals Court · Aug 30, 2007

See Kasper v. Board of Appeals of Watertown, 3 Mass. *19 App. … See Cigal v. Leader Dev. Corp., 408 Mass. 212, 214-215 (1990). Contrast id. at 217-218 ; Strauss v.

Board of Selectmen of Blackstone v. Tellestone

4 Mass. App. Ct. 311 · Massachusetts Appeals Court · May 17, 1976

Board of Appeals of Barnstable, 361 Mass. 317, 323-324 [1972]), or because improved equipment is used (Wayland v. Lee, 325 Mass. 637, 643 [1950]; Morin v. … Board of Appeals of Leominster, 352 Mass. 620, 623-624 [1967]; Berliner v.

Towler v. Contributory Retirement Appeal Board

37 Mass. App. Ct. 277 · Massachusetts Appeals Court · Sep 13, 1994

See Buteau v. Norfolk County Retirement Bd., 8 Mass. App. Ct. 391, 394 (1979). … Spence v. Reeder, 382 Mass. 398, 411 (1981). “[A] waiver, partaking of the principle of an election, like an election needs no consideration, and cannot be retracted.” Martin v. Norwood, 395 Mass. 159, 162 (1985).

Kirkwood v. Board of Appeals of Rockport

17 Mass. App. Ct. 423 · Massachusetts Appeals Court · Jan 24, 1984

Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 295 (1972). Garvey v. *427 Board of Appeals of Amherst, 9 Mass. App. Ct. 856 (1980). … See Rodenstein v. Board of Appeal of Boston, 337 Mass. 333, 336-337 (1958); Dion v. Board of Appeals of Waltham, 344 Mass. 547, 551-552 (1962); Sherman v.