Case law

E.A.D. Realty Corp. v. Board of Selectmen

6 Mass. App. Ct. 826 · Massachusetts Appeals Court · Jan 11, 1978

See Newton v. Reiss Associates, 331 Mass. 114, 117 (1954). 2. Nor can the plaintiff derive any solace from the provision found in the second paragraph of § 13 that the Board of Fire Prevention Regulations (G. … There is no longer any room for doubt that such factors may properly form the basis of a board of selectmen’s or a city council’s decision to deny an application under § 13. Kidder v.

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.

Hickey v. Zoning Board of Appeals of Dennis

93 Mass. App. Ct. 390 · Massachusetts Appeals Court · Jun 15, 2018

Ct. at 322 -323 , 588 N.E.2d 1365 , quoting from Pierce v. Board of Appeals of Carver , 369 Mass. 804 , 808, 343 N.E.2d 412 (1976) and O'Blenes v. … Costello v. Board of Appeals of Lexington , 3 Mass. App. Ct. 441 , 443, 333 N.E.2d 210 (1975). By way of example, in McLaughlin v.

City of Boston v. Outdoor Advertising Board

41 Mass. App. Ct. 775 · Massachusetts Appeals Court · Dec 11, 1996

The board’s decision will be given some deference. See Koch v. … The board’s decision on this issue must be affirmed. See Flint v. Commissioner of Pub.

Bruno v. Zoning Board of Appeals of Tisbury

93 Mass. App. Ct. 48 · Massachusetts Appeals Court · Mar 19, 2018

Timperio v. Zoning Bd. of Appeals of Weston, 84 Mass. App. Ct. 151, 155 (2013), quoting from Hoffman v. Board of Zoning Appeal of Cambridge, 74 Mass. App. Ct. 804, 811 (2009). … Carabetta v. Board of Appeals of Truro, 73 Mass. App. Ct. 266, 270–271 (2008), quoting from Asack v. Board of Appeals of Westwood, 47 Mass. App. Ct. 733, 736 (1999).

Allen v. Board of Selectmen of Weymouth

15 Mass. App. Ct. 1009 · Massachusetts Appeals Court · May 6, 1983

He ruled, however, that, because all three factors enumerated in Wormstead v. … See also Hayes v. Lumbermens Mut. Cas. Co., 310 Mass. 81, 82-84 (1941); Edens v. New Mexico Health & Social Servs.

Dowling v. Board of Health of Chilmark

28 Mass. App. Ct. 547 · Massachusetts Appeals Court · Apr 23, 1990

Compare Clarke v. … In Clarke v.

Buccaneer Development, Inc. v. Zoning Board of Appeals

83 Mass. App. Ct. 40 · Massachusetts Appeals Court · Dec 28, 2012

(Buccaneer), commenced an action in the permit session of the Land Court, appealing the denial of its application for a special permit by the zoning board of appeals (board) of the town of Lenox (town). G. … Maley v. Fairhaven, 280 Mass. 54, 56 (1932). See McDougall v. Acres, 427 Mass. 363, 371 (1998), quoting from Litton Bus. Sys., Inc. *45 v.

Arrowhead Estates, Inc. v. Boston Licensing Board

15 Mass. App. Ct. 629 · Massachusetts Appeals Court · Apr 12, 1983

Brown, J. We are asked to decide whether a Massachusetts liquor license is “property” or “rights to property” to which a Federal tax lien may attach. The relevant facts are as follows. … The Boston Licensing Board approved this pledge as required by G. L. c. 138, § 23.

Tetreault v. Board of Selectmen of Lynnfield

Massachusetts Appeals Court · Feb 24, 2023

Court Dep't v. … See Smith v.

Boston Licensing Board v. City of Boston

17 Mass. App. Ct. 10 · Massachusetts Appeals Court · Oct 21, 1983

Browne v. Turner, 174 Mass. 150, 159 (1899); Old South Assn. v. Boston, 212 Mass. 299, 304-305 (1912); Plunkett v. Old Col *17 ony Trust Co., 233 Mass. 471, 474 (1919); McKenney v. … Kemble Fischer Realty Trust v. Board of Appeals of Concord, 9 Mass. App. Ct. 477, 479-480 , cert, denied sub nom. Costello v. Board of Appeals of Concord, 449 U.S. 1011 (1980).

Cameron v. Board of Appeals of Yarmouth

23 Mass. App. Ct. 144 · Massachusetts Appeals Court · Nov 13, 1986

Ct. 480 (1984), Vokes v. Avery W. Lovell, Inc., 18 Mass. App. Ct. 471 (1984), and O’Kane v. Board of Appeals of Hingham, 20 Mass. App. Ct. 162, 163-165 (1985). … See Girard v. Board of Appeals of Easton, 14 Mass. App.

D.H.L. Associates, Inc. v. Board of Selectmen

64 Mass. App. Ct. 254 · Massachusetts Appeals Court · Aug 15, 2005

. *255 (D.H.L.), and the board of selectmen of Tyngsborough, acting as the town’s licensing board (collectively, the town), have disputed D.H.L.’s right to present live nude dancing at an establishment known as “Matthew’s … See T & D Video, Inc. v. Revere, 423 Mass. 577, 580-582 (1996) (applying test set out by United States Supreme Court in Renton v. Playtime Theatres, Inc., 475 U.S. 41 [1986]); A.F.M., Ltd. v.

LeBlanc v. Board of Appeals of Danvers

32 Mass. App. Ct. 760 · Massachusetts Appeals Court · Jul 7, 1992

The board’s decision which was issued prior to Adamowicz v. Ipswich, 395 Mass. 757 (1985), see note 3, supra, indicated that the lot was not exempt under G. … The “statute relieves certain divisions of land of regulation and approval by a planning board (‘approval... not required’) [where] ... the vital access is reasonably guaranteed in another manner.” Perry v.

Green v. Board of Appeal of Norwood

2 Mass. App. Ct. 393 · Massachusetts Appeals Court · Jun 28, 1974

The board of appeal’s decision was subsequently annulled by the Supreme Judicial Court. See Green v. Board of Appeal of Norwood, 358 Mass. 253 (1970). … Board of Appeals of Needham, 339 Mass. 399, 401-402 [1959]; Nyquist v.

Massachusetts Parole Board v. Civil Service Commission

47 Mass. App. Ct. 760 · Massachusetts Appeals Court · Sep 17, 1999

Carney v. Springfield , 403 Mass, at 610-611; Commonwealth v. Dormady, 423 Mass. 190, 193-194 (1996). … Relying upon Silverio v.

Outdoor Advertising Board v. Sun Oil Co.

8 Mass. App. Ct. 872 · Massachusetts Appeals Court · Jul 6, 1979

Brown, Jr., for Sun Oil Company of Pennsylvania. Anton T. Moehrke, Assistant Attorney General, for the plaintiff. … it was located and not the board’s, and that the defendant acted in reliance upon this letter, do not now estop the board from commencing this action.

Wall Street Development Corp. v. Planning Board

72 Mass. App. Ct. 844 · Massachusetts Appeals Court · Oct 14, 2008

Co. of Am. v. Board of Appeals of Westwood, 23 Mass. App. Ct. 278, 281 (1986). … See Pieper v.

RENT CONTROL BOARD OF CAMBRIDGE v. Praught

35 Mass. App. Ct. 290 · Massachusetts Appeals Court · Sep 10, 1993

Fraught, as the lawyer for the sellers, Brown and Gerteis, has to contribute to the proceedings and, therefore, the board’s wisdom in enmeshing her in them. 6 Sammartano ought to know the answers to such pertinent questions … See Flynn v.

Palmer v. Rent Control Board of Brookline

7 Mass. App. Ct. 110 · Massachusetts Appeals Court · Feb 28, 1979

Milligan v. Board of Registration in Pharmacy, 348 Mass. 491, 500 (1965). … L. c. 30A, § 1[2]; Gentile v. Rent Control Bd. of Somerville, 365 Mass. 343 , 349 n.6 [1974]; Mayo v.