Case law

Opinions from 1658 to today.

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  • Planning Board v. Board of Appeals

    5 Mass. App. Ct. 833 · Massachusetts Appeals Court · May 31, 1977

    Bouchard v. Ramos, 346 Mass. 423, 425-426 (1963). Cass v. Board of Appeal of Fall River, 2 Mass. App. Ct. 555, 559 (1974). See Bicknell Realty Co. v. Board of Appeal of Boston, 330 Mass. 676, 680 (1953). … Shacka v. Board of Appeals of Chelmsford, 341 Mass. 593, 595 (1961).

    Cited 7 timesPublished
  • Retirement Board v. Contributory Retirement Appeal Board

    33 Mass. App. Ct. 478 · Massachusetts Appeals Court · Oct 29, 1992

    Brown, J. … Quincy Retirement Bd. v. Contributory Retirement Appeal Bd., 340 Mass. at 60 . In Quincy Retirement Bd. v.

    Cited 28 timesPublished
  • COMMONWEALTH v. RONALD A. BROWN.

    102 Mass. App. Ct. 233 · Massachusetts Appeals Court · Jan 25, 2023

    BROWN, COMMONWEALTH vs., 102 Mass. App. Ct. 233 COMMONWEALTH vs. RONALD A. BROWN. 102 Mass. App. … Commonwealth v. Henry, 475 Mass. 117, 120-121 (2016), quoting Commonwealth v. Nawn, 394 Mass. 1, 8-9 (1985).

    Cited 1 timesPublished
  • Retirement Board v. Contributory Retirement Appeal Board

    36 Mass. App. Ct. 99 · Massachusetts Appeals Court · Feb 28, 1994

    See City Council of Waltham v. Vinciullo, 364 Mass. 624, 626-627 (1974); Brookline v. Commissioner of the Dept. of Envtl. Quality Engr., 387 Mass. 372 , 279 (1982); Solomon v. … See Arthurs v. Board of Registration in Med., 383 Mass. 299, 305, 309-310 (1981).

    Cited 3 timesPublished
  • Retirement Board v. Contributory Retirement Appeal Board

    38 Mass. App. Ct. 673 · Massachusetts Appeals Court · Jun 28, 1995

    Relying mainly on Cherubino v. … Cherubino v. Board of Registration of Chiropractors, 403 Mass. at 358-359 , and Massachusetts Elec. Co. v. Department of Pub. Utils., 376 Mass. 294, 312 (1978), are not to the contrary.

    Cited 7 timesPublished
  • Board of Selectmen v. Board of Appeals

    3 Mass. App. Ct. 704 · Massachusetts Appeals Court · Jan 31, 1975

    The selectmen appeal from a Superior Court decree affirming the decision of the board of appeals (board) granting a special permit for the construction of multiple dwellings. … L. c. 40A, § 17, after remand (compare Josephs v. Board of Appeals of Brookline, 362 Mass. 290 [1972]) and its finding that the use involved would not be detrimental.

    Cited 4 timesPublished
  • Malden Retirement Board v. Contributory Retirement Appeal Board

    1 Mass. App. Ct. 420 · Massachusetts Appeals Court · Jul 23, 1973

    It is ‘in the nature of evidence before the local retirement board.’ ” Wakefield Contributory Retirement Bd. v. Contributory Retirement Appeal Bd. 352 Mass. 499, 502 (1967). See Kelley v. … Quincy Retirement Bd. v.

    Cited 16 timesPublished
  • Shrewsbury Retirement Board v. Contributory Retirement Appeal Board

    5 Mass. App. Ct. 379 · Massachusetts Appeals Court · Jun 1, 1977

    Malden Retirement Bd. v. Contributory Retirement Appeal Bd. 1 Mass. App. Ct. 420, 424, n.7 (1973). Kelley v. Contributory Retirement Appeal Bd. 341 Mass. 611, 614 (1961). … But it is for the appeal board to determine the credibility of the evidence and — apart from a misconstruction which amounts to an error of law — its significance. Maddocks v.

    Cited 9 timesPublished
  • Brown v. Nutter, McClennen & Fish

    45 Mass. App. Ct. 212 · Massachusetts Appeals Court · Jul 21, 1998

    We summarize the facts as they appear in Brown’s complaint, drawing all inferences favorably to her, as we must. Harvard Law Sch. Coalition for Civil Rights v. … In Fusaro v.

    Cited 44 timesPublished
  • Commonwealth v. Brown

    Massachusetts Appeals Court · Mar 31, 2017

    See Commonwealth v. … See Commonwealth v.

    Cited 0 timesPublished
  • Brown v. City of Taunton

    16 Mass. App. Ct. 614 · Massachusetts Appeals Court · Sep 15, 1983

    See Bessette v. Commissioner of Pub. Works, supra, Reynolds v. Commissioner of Commerce & Dev., supra. The judgment in Brown vs. … The judgment in Brown vs. City of Taunton is affirmed.

    Cited 14 timesPublished
  • State Retirement Board v. Contributory Retirement Appeal Board

    12 Mass. App. Ct. 306 · Massachusetts Appeals Court · Jul 30, 1981

    In Gannon v. Contributory Retirement Appeal Bd., 338 Mass. 628 , 632 .(1959), a ease with similar facts, the court read G. … See Boston Retirement Bd. v. McCormick, 345 Mass. 692, 695-696 (1963).

    Cited 8 timesPublished
  • Arlington Contributory Retirement Board v. Contributory Retirement Appeal Board

    75 Mass. App. Ct. 437 · Massachusetts Appeals Court · Oct 16, 2009

    See Lexington v. … Cullen v. Mayor of Newton, 308 Mass. 578, 583-584 (1941). Frye v. School Comm. of Leicester, 300 Mass. 537, 538 (1938).” Lexington v. Bedford, 378 Mass. at 570 . See Roberts v.

    Cited 10 timesPublished
  • Planning Board v. Zoning Board of Appeals

    5 Mass. App. Ct. 770 · Massachusetts Appeals Court · Jan 28, 1977

    The plaintiffs, the planning board, three individual members of the city council and the mayor of the city of Taunton, filed an appeal in a District Court alleging that they were “aggrieved,” within the meaning of G. … L. c. 40A, § 21, as amended through St. 1973, c. 1114, § 4, by a decision of the zoning board of appeals of Taunton. 1 The District Court judge sustained the defendants’ answer in abatement and dismissed the case, holding

    Cited 2 timesPublished
  • Brown v. Bayview Crematory, LLC

    79 Mass. App. Ct. 337 · Massachusetts Appeals Court · Apr 26, 2011

    The envelope, urn, and the box all were correctly labeled “Greta Marie Brown.” … In answer to special questions, the jury awarded the plaintiff Kimmy Brown (Kimmy) $250 on her contract claim, and $100,000 each to Kimmy and to the plaintiff Joy Brown (Joy) on their claims of negligence.

    Cited 1 timesPublished
  • Hull Retirement Board v. Contributory Retirement Appeal Board

    86 Mass. App. Ct. 906 · Massachusetts Appeals Court · Sep 16, 2014

    Foresta v. Contributory Retirement Appeal Bd., 453 Mass. 669, 676 (2009). See G. … L. c. 32, § 7(2), limits a retirement board's ability to redetermine the effective retirement date and recalculate retirement benefits if circumstances so require. See, e.g., Blair v. Selectmen of Brookline, 26 Mass.

    Cited 0 timesPublished
  • Scully v. Retirement Board

    80 Mass. App. Ct. 538 · Massachusetts Appeals Court · Sep 30, 2011

    State Bd. of Retirement v. Bulger, supra at 174-175 . The scope of G. L. c. 32, § 15(4), was enunciated in Gaffney v. … The board’s reliance on Maher v. Justices of the Quincy Div. of the Dist. Ct. Dept. 67 Mass. App. Ct. 612 (2006), S.C., 452 Mass. 517 (2008), is misplaced.

    Cited 7 timesPublished
  • Bristol County Retirement Board v. Contributory Retirement Appeal Board

    65 Mass. App. Ct. 443 · Massachusetts Appeals Court · Jan 26, 2006

    See also Flanagan v. Contributory Retirement Appeal Bd., 51 Mass. App. Ct. 862, 866-868 (2001). The county board refused to waive repayment by Polycarpo, see G. … See Namay v. Contributory Retirement Appeal Bd., 19 Mass. App. Ct. 456, 463 (1985). But where a question of law is involved, we act de nova, see Raytheon Co. v.

    Cited 9 timesPublished
  • Cassani v. Planning Board

    1 Mass. App. Ct. 451 · Massachusetts Appeals Court · Aug 30, 1973

    Carey v. Planning Board of Revere, 335 Mass. 746 (1957). … Potter v. Board of Appeals of Mansfield, supra.

    Cited 25 timesPublished
  • Hahn v. Planning Board

    24 Mass. App. Ct. 553 · Massachusetts Appeals Court · Jul 30, 1987

    See Glacier Sand & Stone Co. v. Board of Appeals of Westwood, 362 Mass. 239, 241-242 (1972); M. DeMatteo Construction Co. v. Board of Appeals of Hingham, 3 Mass. App. Ct. 446, 461 (1975). See also G. … L. c. 41, § 81M, to find an abuse of discretion by the board is also misplaced. See Pieper v. Planning Bd. of Southborough, 340 Mass. 157, 163-164 (1959). See also Baker v.

    Cited 7 timesPublished

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