Case law

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.

Amari v. Rent Control Board of Cambridge

21 Mass. App. Ct. 598 · Massachusetts Appeals Court · Feb 12, 1986

The regulations enacted by the board pursuant to a legislative grant of power had the force of law and were binding on the board. Niles v. Boston Rent Control Admr., 6 Mass. App. Ct. 135, 150 (1978). Cf. Kenney v. … Health, 372 *605 Mass. 844, 850 (1977), quoting from School Comm. of Springfield v. Board of Educ., 362 Mass. 417, 442 (1972). Cf. Boston Preservation Alliance Inc. v.

Ranney v. Board of Appeals of Nantucket

11 Mass. App. Ct. 112 · Massachusetts Appeals Court · Jan 6, 1981

Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555, 557-558 (1954). Gulf Oil Corp. v. Board of Appeals of Framingham, 355 Mass. 275, 277-278 (1969). Caruso v. Pastan, 1 Mass. App. Ct. 28, 29-30 (1973). … Shalbey v. Board of Appeal of Norwood, 6 Mass. App. Ct. at 529 . Subaru of New England, Inc. v. Board of Appeals of Canton, 8 Mass. App. Ct. 483, 486-487 (1979).

Falcone v. Zoning Board of Appeals

7 Mass. App. Ct. 710 · Massachusetts Appeals Court · Jun 5, 1979

McCarthy v. Board of Appeals of Ashland, 354 Mass. 660, 663 (1968). Nyquist v. Board of Appeals of Acton, 359 Mass. 462, 465 (1971). … Smith v. Board of Appeals of Needham, 339 Mass. 399, 402 (1959). Nyquist v. Board of Appeals of Acton, supra.

Yaro v. Board of Appeals of Newburyport

10 Mass. App. Ct. 587 · Massachusetts Appeals Court · Sep 30, 1980

The purpose of such provisions is described in Kane v. Board of Appeals of Medford, *590 273 Mass. 97, 104 (1930). … See Robinson v. Planning Bd. of Hingham, 6 Mass. App. Ct. 835 (1978). Compare Ghiglione v. School Comm. of Southbridge, 376 Mass. at 73-74 , with Kelley v. Planning Bd. of Dennis, 6 Mass. App.

Theophilopoulos v. Board of Health of Salem

85 Mass. App. Ct. 90 · Massachusetts Appeals Court · Mar 18, 2014

See Goldberg v. Board of Health of Granby, 444 Mass, at 634-637; Board of Health of Sturbridge v. Board of Health of Southbridge, 461 Mass. 548, 562-564 (2012). Discussion. … See TBI, Inc. v. Board of Health of N. Andover , 431 Mass, at 19; Goldberg v. Board of Health of Granby , 444 Mass, at 634-635.

Bartlett v. Board of Appeals of Lakeville

23 Mass. App. Ct. 664 · Massachusetts Appeals Court · Mar 18, 1987

See, e.g., Dobbs v. Board of Appeals of Northampton, 339 Mass. 684, 685, 686 (1959); Medford v. Marinucci Bros. & Co., 344 Mass. 50 , 60 & n.l (1962); Cape Resort Hotels, Inc. v. … See Casasanta v. Zoning Bd. of Appeals of Milford, 377 Mass. 67, 72-73 (1979); Shalbey v. Board of Appeal of Norwood, 6 Mass. App.

Green v. Board of Appeals of Provincetown

26 Mass. App. Ct. 469 · Massachusetts Appeals Court · Oct 14, 1988

Board of Appeal of Boston, 324 Mass. at 430-431 , Marrotta v. Board of Appeals of Revere, 336 Mass. 199, 202-204 (1957), Waltham Motor Inn, Inc. v. LaCava, 3 Mass. App. Ct. at 214-217 , and Redstone v. … Spalke v. Board of Appeals of Plymouth, 7 Mass. App. Ct. 683, 684 n.1 (1979).

Stivaletta v. Zoning Board of Appeals

12 Mass. App. Ct. 994 · Massachusetts Appeals Court · Dec 15, 1981

Board of Appeals of Concord, 9 Mass. App. Ct. 477, 481 (1980). See also Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555, 558-560 (1954); Subaru of New England, Inc. v. Board of Appeals of Canton, 8 Mass. … Dowd v. Board of Appeals of Dover, 5 Mass. App. Ct. 148, 154-155 (1977). Subaru of New England, Inc. v. Board of Appeals of Canton, 8 Mass. App. Ct. at 487-488 .

Quinn v. Zoning Board of Appeals

18 Mass. App. Ct. 191 · Massachusetts Appeals Court · May 31, 1984

Rousseau v. Building lnsp. of Framingham, 349 Mass. 31, 37 (1965); Gallagher v. Board of Appeals of Falmouth, 351 Mass. 410, 414 (1966). … See Selectmen of Kingston v. Board of Appeals of Kingston, 3 Mass. App. Ct. 704 (1975); Deibel v. Yorke, 4 Mass. App. Ct. 770 (1976). See also Ranney v. Board of Appeals of Nantucket, 11 Mass. App. Ct. 112, 119 (1981).

Seltzer v. Board of Appeals of Orleans

24 Mass. App. Ct. 521 · Massachusetts Appeals Court · Jul 22, 1987

See Vetter v. Zoning Bd. of Appeal of Attleboro, 330 Mass. 628, 630-631 (1953); Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, 353 (1963); Vassalotti v. … Board of Appeals of Sudbury, 348 Mass. 658, 661 (1965); Smigliani v. Board of Appeals of Saugus, 348 Mass. 794 (1965); Gaudet v. Building Inspector of Dracut, 358 Mass. 807, 808 (1970); Lindsay v.

Fitch v. Board of Appeals of Concord

55 Mass. App. Ct. 748 · Massachusetts Appeals Court · Sep 6, 2002

Vokes v. Avery W. Lovell, Inc., supra at 482-483. See Green v. Board of Appeals of Provincetown, 404 Mass. 571, 574 (1989). … Preston v. Board of Appeals of Hull, 51 Mass. App. Ct. 236, 239 (2001), and cases there cited, particularly, Adamowicz v. Ipswich, 395 Mass. 757, 764 (1985).

Tamerlane Realty Trust v. Board of Appeals

23 Mass. App. Ct. 450 · Massachusetts Appeals Court · Jan 30, 1987

Brown, J. The board of appeals of Provincetown (board) appeals from a judgment of the Superior Court which annulled its decision refusing the Red Inn a special permit to alter a preexisting nonconforming use. … DiGiovanni v. Board *454 of Appeals of Rockport, 19 Mass. App. Ct. 339, 343 (1985). See Mass.R.Civ.P. 52(a), 365 Mass. 816 (1974).

Potter v. Board of Appeals of Mansfield

1 Mass. App. Ct. 89 · Massachusetts Appeals Court · Feb 7, 1973

board (see Coolidge v. … Planning Board of Peabody v. Board of Appeals of Peabody, 358 Mass. 81, 83 . (c) .

Baizen v. Board of Public Works

1 Mass. App. Ct. 602 · Massachusetts Appeals Court · Dec 12, 1973

The board has appealed from a final judgment that a writ issue as prayed for. The order for judgment recites that the case was heard on the petition and the answer (compare Taylor v. … Framingham Homes, Inc. v. Dietz, 312 Mass. 471, 473 (1942). Grant v. Aldermen of Northampton, 316 Mass. 432, 435 (1944). Salisbury Water Supply Co. v. Salisbury, 341 Mass. 42, 44 (1960).

Spear v. Board of Appeals

77 Mass. App. Ct. 220 · Massachusetts Appeals Court · Jul 8, 2010

Lussier v. Zoning Bd. of Appeals of Peabody, 447 Mass. 531, 535 (2006), quoting from 8 Rohan, Zoning and Land Use Controls § 43.03[2] (2005). … Lussier v. Zoning Bd. of Appeals of Peabody, supra. Mendoza v.

Geryk v. Zoning Appeals Board of Easthampton

8 Mass. App. Ct. 683 · Massachusetts Appeals Court · Nov 14, 1979

Under Pendergast v. … See also Strand v. Planning Bd. of Sudbury, 5 Mass. App. Ct. 18, 21-23 (1977); Board of Appeals of Dedham v. Corporation Tifereth Israel, 7 Mass. App. Ct. 876 (1979).

W.A. Wilde Co. v. Board of Assessors

84 Mass. App. Ct. 102 · Massachusetts Appeals Court · Aug 8, 2013

Brown, J. W.A. Wilde Company, Inc. … Co. v.

Burbridge v. Board of Assessors of Lexington

11 Mass. App. Ct. 546 · Massachusetts Appeals Court · Mar 10, 1981

See Rice v. Board of Appeals of Dennis, 342 Mass. 499, 502 (1961). … Gulf Oil Co. v. Board of Appeals of Framingham, 355 Mass. 275, 277 (1969). The burden is on the person challenging the decision to make such a showing. Bennett v. Board of Aldermen of Chelsea, 361 Mass. 802, 807 (1972).

O'KANE v. Board of Appeals of Hingham

20 Mass. App. Ct. 162 · Massachusetts Appeals Court · Jun 3, 1985

See Rinaudo v. … See Capone v. Zoning Bd. of Appeals of Fitchburg, 389 Mass. 617, 623 (1983), quoting from Noe v. Board of Appeals of Hingham, 13 Mass. App. Ct. 103, 111 (1982) (Dreben, J., dissenting). Compare Cullen v.