Case law

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).

Schlager v. Board of Appeal of Boston

9 Mass. App. Ct. 72 · Massachusetts Appeals Court · Jan 22, 1980

McNeely v. Board of Appeal of Boston, 358 Mass. 94, 110 (1970). Brod-erick v. Board of Appeal of Boston, 361 Mass. 472, 474-475 (1972). … Lowell Bar Assn. v. Loeb, 315 Mass. 176, 189-190 (1943). Brown v. Massachusetts Port Authy., 371 Mass. 395, 398-403 (1976).

Boyajian v. Board of Appeal of Welleslev

6 Mass. App. Ct. 283 · Massachusetts Appeals Court · Apr 25, 1978

Board of Appeals of Brookline, 362 Mass. 290, 291 (1972). Werner v. Board of Appeals of Harwich, 2 Mass. App. Ct. 647, 648 (1974). … See O’Brian v. Board of Appeals of Brockton, 3 Mass. App. Ct. 740 (1975); Hunt v. Milton Sav. Bank, 2 Mass. App. Ct. 133, 139-140 (1974), and contrast cases cited. The decision in Coolidge v.

Board of Selectmen of Ayer v. Sullivan

29 Mass. App. Ct. 931 · Massachusetts Appeals Court · Aug 13, 1990

Comm v. Dennis Teachers Assn., supra. The arbitrator’s award of Sullivan’s reinstatement impinged upon the managerial prerogatives of the board. Reliance by Sullivan and the union on School Comm. of W. Springfield v. … collected; School Comm. of Holbrook v.

Long v. Board of Appeals of Falmouth

32 Mass. App. Ct. 232 · Massachusetts Appeals Court · Mar 19, 1992

See Lee v. Board of Appeals of Harwich, 11 Mass. App. Ct. 148, 151 (1981). … See McCarthy v. Board of Appeals of Ashland, 354 Mass. 660, 663 (1968); Nyquist v. Board of Appeals of Acton, 359 Mass. 462, 465 (1971).

Lopes v. Board of Appeals of Fairhaven

27 Mass. App. Ct. 754 · Massachusetts Appeals Court · Sep 6, 1989

See Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555, 557-559 (1954); Bruzzese v. Board of Appeals of Hingham, 343 Mass. 421, 423 (1962). Cf. Ferrante v. … See Bruzzese v. Board of Appeals of Hingham, 343 Mass. 421, 424 (1962); Warren v. Zoning Bd. of Appeals of Amherst, 383 Mass. 1, 11 (1981); Raia v. Board of Appeals of N. Reading, 4 Mass. App.

Irving Saunders Trust v. Board of Assessors

26 Mass. App. Ct. 838 · Massachusetts Appeals Court · Feb 3, 1989

It is well established that the board’s findings of fact and its decision must be supported by substantial evidence. New Boston Garden Corp. v. Assessors of Boston, 383 Mass. 456, 465 (1981). Stilson v. … , Inc. v.

Board of Selectmen v. Monument Inn, Inc.

14 Mass. App. Ct. 957 · Massachusetts Appeals Court · Jul 30, 1982

We conclude that the board corrected the clerical error within a reasonable time of its discovery, see Dion v. … Compare Potter v. Board of Appeals of Mansfield, 1 Mass. App. Ct. 89, 95-97 (1973); Cassani v. Planning Bd. of Hull, 1 Mass. App. Ct. 451, 456 (1973). 4.

JAMES LYDON v. CONTRIBUTORY RETIREMENT APPEAL BOARD & another.

101 Mass. App. Ct. 365 · Massachusetts Appeals Court · Jul 8, 2022

Spencer v. Civil Serv. Comm'n, 479 Mass. 210, 216 (2018). … Globe Newspaper Co. v. Boston Retirement Bd., 388 Mass. 427, 432 (1983). See DiFiore v.

Rinaldi v. State Building Code Appeals Board

56 Mass. App. Ct. 668 · Massachusetts Appeals Court · Dec 6, 2002

See Flynn v. Contributory Retirement Appeal Bd., 17 Mass. App. Ct. 668, *671 669 (1984); Board of Appeals of Rockport v. DeCarolis, 32 Mass. App. Ct. 348, 352 (1992). … v.

Durkin v. Board of Appeals of Falmouth

21 Mass. App. Ct. 450 · Massachusetts Appeals Court · Jan 21, 1986

See e.g., Thanet Corp. v. Board of Adjustment of Princeton, *453 108 N.J. Super. 65, 66-67 (1969). … General consideration of the applicability of local zoning to Federal enterprises is found in United States v. Chester, 144 F.2d 415 (3d Cir. 1944); Crivello v. Board of Adjustment of Middlesex, 183 F.

Abbott v. Board of Water & Sewer Commissioners

40 Mass. App. Ct. 495 · Massachusetts Appeals Court · May 29, 1996

The holding in Clark v. Board of Water & Sewer Commrs. of Norwood, 353 Mass. 708, 710 (1968), is not to the contrary. … See Rounds v.

Castelli v. Board of Selectmen of Seekonk

15 Mass. App. Ct. 711 · Massachusetts Appeals Court · Apr 29, 1983

In reliance on Ouellette v. … See also Board of Health of Woburn v. Sousa, 338 Mass. 547, 552 (1959); McDonald’s Corp. v. Selectmen of Randolph, 9 Mass. App.

AT&T v. Automatic Sprinkler Appeals Board

52 Mass. App. Ct. 11 · Massachusetts Appeals Court · Jun 26, 2001

Corp. v. … Therefore, we could have affirmed the board’s decision on the basis of that regulation in any case. Cf. Foley v. Lowell Sun Publishing Co., 404 Mass. 9, 11 (1989), quoting from Commonwealth v.

Marhefka v. Zoning Board of Appeals of Sutton

79 Mass. App. Ct. 515 · Massachusetts Appeals Court · May 13, 2011

L. c. 40A, § 17, the grant of a variance by the zoning board of appeals (board) of the town of Sutton (town) to Roseanne *516 LaBarre and John Scott (defendants). 3 The judge ruled that the injury claimed by the plaintiffs … Dwyer v. Gallo, 73 Mass. App. Ct. 292, 296 (2008). See Tsagronis v. Board of Appeals of Wareham, 33 Mass. App.

Wolfman v. Board of Appeals of Brookline

15 Mass. App. Ct. 112 · Massachusetts Appeals Court · Jan 13, 1983

See Dion v. Board of Appeals of Waltham, 344 Mass. 547, 551-552 (1962); Broderick v. Board of Appeal of Boston, 361 Mass. 472, 477-478 (1972); Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 293 (1972). … See Sherman v. Board of Appeals of Worcester, 354 Mass. 133, 135 (1968); Johnson v. Board of Appeals of *117 Wareham, 360 Mass. 872 , 873 (1972). Compare Abbott v.

Emond v. Board of Appeals of Uxbridge

27 Mass. App. Ct. 630 · Massachusetts Appeals Court · Jul 28, 1989

Section X of the Uxbridge zoning by-law vests in the board far narrower discretion than the by-law considered in SCIT, Inc. v. Planning Bd. of Braintree, 19 Mass. App. … Woods v. Newton, 351 Mass. 98, 102-103 (1966). Haynes v. Grasso, 353 Mass. at 734 . *634 Adams v. Board of Appeals of Concord, 356 Mass. 709, 711-712 (1970).

Kalu v. Boston Retirement Board

90 Mass. App. Ct. 501 · Massachusetts Appeals Court · Oct 14, 2016

Murphy v. … See Morris v. Board of Registration in Med., 405 Mass. 103, 113-114 (1989); Namay v. Contributory Retirement Appeal Bd., 19 Mass. App.

MASSPCSCO v. Board of Assessors of Woburn

80 Mass. App. Ct. 398 · Massachusetts Appeals Court · Sep 15, 2011

L. c. 59, § 5, Sixteenth (2), because it was not “engaged in business” as required by Brown, Rudnick, Freed & Gesmer v. Board of Assessors of Boston, 389 Mass. 298, 304 (1983) (Brown Rudnick). … Id. at 306, quoting from National Investors Corp. v. Hoey, 144 F.2d 466, 468 (2d Cir. 1944). Here, the board properly concluded that MASSPCSCO did not “engage in business” as required by Brown Rudnick.