Case law

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).

Richardson v. Board of Appeals of Chilmark

81 Mass. App. Ct. 912 · Massachusetts Appeals Court · Jun 11, 2012

She then appealed from the building inspector’s inaction to the defendant board on October 8, 2004. The board denied the appeal on December 14, 2004. The appeal to the Land Court followed. … See McAleer v. Board of Appeals of Barnstable, 361 Mass. 317, 322-323 (1972).

Blasco v. Board of Appeals of Winchendon

31 Mass. App. Ct. 32 · Massachusetts Appeals Court · Jul 8, 1991

See Sullivan v. Board of Appeals of Harwich, 15 Mass. App. Ct. 286 , 290 n.2 (1983); Murray v. Board of Appeals of Barnstable, 22 Mass. App. Ct. at 477 n.9. … Fitzsimonds v. Board of Appeals of Chatham, 21 Mass. App. Ct. 53, 55-56 (1985). See also Willard v. Board of Appeals of Orleans, 25 Mass. App. Ct. 15, 20 (1987), and cases cited.

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).

Massachusetts Broken Stone Co. v. Planning Board

45 Mass. App. Ct. 738 · Massachusetts Appeals Court · Nov 16, 1998

Compare Commonwealth v. Beckett, 373 Mass. 329, 333-334 (1977). … Canter v. Planning Bd. of Westborough, 4 Mass. App. Ct. 306, 307 (1976). See Fairbaim v. Planning Bd. of Barnstable, 5 Mass. App. Ct. 171, 173 (1977).

Northboro Inn, LLC v. Treatment Plant Board

58 Mass. App. Ct. 670 · Massachusetts Appeals Court · Jul 31, 2003

Goldie’s Salvage, Inc. v. Board of Selectmen of Walpole, 31 Mass. App. … Not possessing the discretion to permit entry into the district, the board could not have abused its discretion in denying the Inn’s application. See Doe v.

Patel v. Planning Board of North Andover

27 Mass. App. Ct. 477 · Massachusetts Appeals Court · Jun 20, 1989

L. c. 41, §§ 81M and 81W; McDavitt v. Planning Bd. of Winchester, 2 Mass. App. Ct. 806, 807 (1974); Curtin v. Board of Survey & Planning of Waltham, 15 Mass. App. Ct. 978, 978 (1983); Patelle v. … Gillette, 357 Mass. 96 , *481 103-104 (1970); Dolan v. Board of Appeals of Chatham, 359 Mass. 699, 701-702 (1971); Murphy v. Donovan, 4 Mass. App. Ct. 519, 526 (1976), and cases cited.

KCI Management, Inc. v. Board of Appeal

54 Mass. App. Ct. 254 · Massachusetts Appeals Court · Mar 20, 2002

Lee v. Board of Appeals of Harwich, 11 Mass. App. Ct. 148, 154 (1981). See Doliner v. Planning Bd. of Millis, 343 Mass. 1, 5 (1961). … Dugout, Inc. v. Board of Appeals of Canton, 357 Mass. at 32 ; Canter v. Planning Bd. of Westborough, 4 Mass. App. Ct. 306, 310 (1976). So ordered.

Clothier v. Teachers' Retirement Board

78 Mass. App. Ct. 143 · Massachusetts Appeals Court · Oct 20, 2010

See Gossels v. Fleet Natl. Bank, 453 Mass. 366, 372 (2009); Townsends, Inc. v. Beaupre, 47 Mass. App. Ct. 747, 754-755 (1999). … See Bagley v. Moxley, 407 Mass. 633, 636-638 (1990).

Talmo v. Zoning Board of Appeals of Framingham

93 Mass. App. Ct. 626 · Massachusetts Appeals Court · Jul 24, 2018

See Murray v. Board of Appeals of Barnstable, 22 Mass. App. Ct. 473, 476 (1986). We see no error here. … Bertrand v. Board of Appeals of Bourne, 58 Mass. App.

ACW Realty Management, Inc. v. Planning Board

40 Mass. App. Ct. 242 · Massachusetts Appeals Court · Apr 1, 1996

The denial of special permits is within the discretion of the board. MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 638 (1970). Vazza Properties, Inc. v. City Council of Woburn, 1 Mass. App. … Board of Appeals of Canton, 8 Mass. App. Ct. 483, 486 (1979), quoting from Gulf Oil Corp. v. Board of Appeals of Framingham, 355 Mass. 275, 277-278 (1969).

Doe, SORB No. 523391 v. Sex Offender Registry Board

95 Mass. App. Ct. 85 · Massachusetts Appeals Court · Mar 26, 2019

No. 380316 v. … No. 10800 v. Sex Offender Registry Bd., 459 Mass. 603, 638 (2011) (Doe No. 10800). We review a judge's consideration of an agency decision de novo. See Brown-Forman Corp. v.

J.M. Hollister, LLC v. Architectural Access Board

83 Mass. App. Ct. 513 · Massachusetts Appeals Court · Apr 19, 2013

Lindsay v. Department of Social Servs., 439 Mass. 789, 797 (2003), quoting from Levy v. Board of Registration & Discipline in Med., 378 Mass. 519, 525 (1979). … However, as Hollister acknowledges, the issuance of the permit is not binding on the board. The statutory structure makes the board the final arbiter of the statute. See Iodice v.

Young's Court, Inc. v. Outdoor Advertising Board

4 Mass. App. Ct. 130 · Massachusetts Appeals Court · Mar 10, 1976

Druzik v. Board of Health of Haverhill, 324 Mass. 129, 133 (1949), quoting Hopkins v. Hopkins, 287 Mass. 542, 547 (1934). … See Attleboro Trust Co. v. Commissioner of Corps. and Taxn. 257 Mass. 43, 51 (1926) ; O’Connell v. Cambridge, 258 Mass. 203, 205 (1927) ; Brennan v. Election Commrs. of Boston, 310 Mass. 784, 785-786 (1942).

Feldman v. Board of Appeal of Boston

29 Mass. App. Ct. 296 · Massachusetts Appeals Court · Sep 27, 1990

Damaskos v. Board of Appeal of Boston, 359 Mass. at 58 . See Kargman v. Dustin, 5 Mass. App. Ct. 101, 113 (1977). … Jack v. Board of Appeal of Boston, 15 Mass. App. Ct. 311, 317-318 (1983).

Anastasi v. RENT CONTROL BOARD OF CAMBRIDGE

21 Mass. App. Ct. 606 · Massachusetts Appeals Court · Feb 12, 1986

Most appropriately, the decision whether to grant such a permit must in the first instance be made by the board. See Martin v. Rent Control Bd. of Cambridge, supra at 749 n.4. … We have treated the appeals of the board and the tenants as properly before us on their timely notices of appeal from the “order” of the judge, which we construe as an order for the entry of judgment. See Lewis v.

Bateman v. Board of Appeals of Georgetown

56 Mass. App. Ct. 236 · Massachusetts Appeals Court · Oct 9, 2002

See Warren v. Zoning Bd. of Appeals of Amherst, 383 Mass. 1, 9 (1981). The judge upheld the board’s decision. There was no error. … See Steege v. Board of Appeals of Stow, 26 Mass. App. Ct. 970 (1988). *243 Wylie proposes to use the locus to raise, train, and board her own and others’ horses.

Harrow v. Board of Appeals of Pittsfield

7 Mass. App. Ct. 937 · Massachusetts Appeals Court · Jun 28, 1979

See Coolidge v. Zoning Bd. of Appeals of Framingham, 343 Mass. 742, 745-746 (1962); Sullivan v. Board of Appeals of Belmont, 346 Mass. 81, 84-86 (1963); Garfield v. Board of Appeals of Rockport, 356 Mass. 37, 41 (1969). … Compare Dion v. Board of Appeals of Waltham, 344 Mass. 547, 550-552 (1962). See also Costa v. Zoning Bd. of Appeals of Framingham, 6 Mass. App. Ct. 872 (1978).

Pierce v. Board of Appeals of Carver

2 Mass. App. Ct. 5 · Massachusetts Appeals Court · Mar 4, 1974

Such a finding was essential to the validity of the board’s decision. Moore v. Cataldo, 356 Mass. 325, 328-331 (1969). Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 294-300 (1972). … See also *7 Vazza Properties, Inc. v. City Council of Woburn, 1 Mass. App. Ct. 308, 311-312 (1973).

Kelleher v. Board of Selectmen of Pembroke

1 Mass. App. Ct. 174 · Massachusetts Appeals Court · Mar 20, 1973

Inc. v. Board of Appeals of Westwood, 362 Mass. 239, 240-241 . … Inc. v. Planning Board of Randolph, 340 Mass. 149, 152-155 ; Caruso v. Planning Board of Revere, 354 Mass. 569 .