Case law

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.

Furlong v. Zoning Board of Appeals of Salem

90 Mass. App. Ct. 737 · Massachusetts Appeals Court · Dec 12, 2016

Warren v. Zoning Board of Appeals of Amherst, 383 Mass. 1, 9-10 (1981). … Contrast, e.g., Chiancola v. Board of Appeals of Rockport, 65 Mass. App.

Cardellicchio v. Board of Retirement of Natick

15 Mass. App. Ct. 903 · Massachusetts Appeals Court · Dec 9, 1982

This case presents issues comparable to those decided in Santucci v. Selectmen of Palmer, 4 Mass. App. Ct. 785 (1976), LaCouture v. Retirement Bd. of Quincy, 11 Mass. App. Ct. 738 (1981), and Habeeb v. … There is no dispute about his being eligible for such retirement, see Bianchi 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.

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.

Haverhill Retirement System v. Contributory Retirement Appeal Board

82 Mass. App. Ct. 129 · Massachusetts Appeals Court · Jul 11, 2012

Board of Health of Granby, 444 Mass. 627, 633 (2005) (determining authority of State housing appeal committee). … Goldberg v. Board of Health of Granby, supra at 634 (upholding agency regulations). “We interpret a statute to give effect to the Legislature’s intent.” Boston Retirement Bd. v.

Harvard Square Defense Fund, Inc. v. Planning Board

27 Mass. App. Ct. 491 · Massachusetts Appeals Court · Jun 22, 1989

Carr v. Board of Appeals of Medford, 334 Mass. 77, 80 (1956). … See Brown v. Neelon, 335 Mass. 357, 359-360 (1957); Lawrence v. Falzarano, 380 Mass. 18 , 25 n.10 (1980). This argument was not made to the judge and cannot be raised for the first time on appeal. John B. Deary, Inc. v.

Building Commissioner v. Building Code Appeals Board

34 Mass. App. Ct. 696 · Massachusetts Appeals Court · Jul 1, 1993

See Blake v. Massachusetts Parole Bd., 369 Mass. 701, 707 (1976). … Wellesley College v. Attorney Gen., 313 Mass. 722, 731 (1943).

Loring Hills Developers Trust v. Planning Board

5 Mass. App. Ct. 813 · Massachusetts Appeals Court · Apr 19, 1977

Inc. v. Planning Bd. of Randolph, 340 *814 Mass. 149 (1959), Clark v. Water & Sewer Commrs. of Norwood, 353 Mass. 708 (1968), P & D Serv. Co. Inc. v. … L. c. 41, § 81Q, against planning board regulations relating “to the size, shape, width, frontage or use of lots within a subdivision, or to the buildings which may be constructed thereon” (Cf. Chira v.

Amberwood Development Corp. v. Board of Appeals

65 Mass. App. Ct. 205 · Massachusetts Appeals Court · Nov 29, 2005

See Craig v. Planning Board of Haverhill, 64 Mass. App. Ct. 677, 679 (2005); G. L. c. 41, § 81U. Compare Martin v. Board of Appeals of Yarmouth, 20 Mass. App. Ct. 972 (1985); Maurice Callahan & Sons, Inc. v. … Board of Appeals of Lenox, 30 Mass. App. Ct. 36, 40 (1991); Perez v. Board of Appeals of Norwood, 54 Mass. App. Ct. 139 (2002) (self-inflicted hardship does not ordinarily constitute “substantial” hardship under G.

Jack v. Board of Appeal of Boston

15 Mass. App. Ct. 311 · Massachusetts Appeals Court · Feb 15, 1983

See Josephs v. … See Kasper v. Board of Appeals of Watertown, 3 Mass. App. Ct. 251, 253-258 (1975). See also Ranney v. Board of Appeals of Nantucket, 11 Mass. App. Ct. 112, 114-115 (1981); Gamache v. Acushnet, 14 Mass. App.

McIntyre v. Board of Selectmen of Ashby

31 Mass. App. Ct. 735 · Massachusetts Appeals Court · Jan 6, 1992

Goodwin v. Selectmen of Hopkinton, 358 Mass. 164, 170 (1970) (citations omitted). As explained in Toda v. Board of Appeals of Manchester, 18 Mass. App. … Glacier Sand & Stone Co. v. Board of Appeals of Westwood, 362 Mass. 239 (1972).

Guzman v. Board of Assessors of Oxford

24 Mass. App. Ct. 118 · Massachusetts Appeals Court · May 1, 1987

See Harborview Residents’ Comm., Inc. v. … L. c. 249, § 4; it may not lodge in the Appellate Tax Board. Assessors of Saugus v. Baumann, 370 Mass. 36, 37 (1976). See Burbridge v. Assessors of Lexington, 11 Mass. App. Ct. 546, 547 (1981).

Simone v. Board of Appeals of Haverhill

6 Mass. App. Ct. 601 · Massachusetts Appeals Court · Sep 13, 1978

Bruzzese v. Board of Appeals of Hingham, 343 Mass. 421, 424 (1962). Hunt v. Milton Sav. Bank, 2 Mass. App. Ct. 133, 140 (1974). Cf. Sherman v. Board of Appeals of Worcester, 354 Mass. 133, 135 (1968). … See Barnhart v. Board of Appeals of Scituate, 343 Mass. 455, 457 (1962); Wolfson v. Sun Oil Co., 357 Mass. at 90-91 ; Cass v. Board of Appeal of Fall River, 2 Mass. App. Ct. at 558 n.5. Contrast, however, Ferrante v.

Zoning Board of Appeals v. Housing Appeals Committee

80 Mass. App. Ct. 406 · Massachusetts Appeals Court · Sep 16, 2011

See Board of Appeals of Hanover v. Housing Appeals Comm., 363 Mass. 339, 354-355 (1973) *414 (board has same power as HAC to override local requirements). … Board of Appeals of Wellesley v. Ardemore Apartments Ltd. Partnership, 436 Mass. at 824 n.25.

Barry v. Planning Board of Belchertown

Massachusetts Appeals Court · Oct 29, 2019

Pierce v. Morrison Mahoney LLP, 452 Mass. 718, 730 (2008), quoting Bar Counsel v. Board of Bar Overseers, 420 Mass. 6, 9 (1995). … See also United States v.

Sheppard v. Zoning Board of Appeal of Boston

81 Mass. App. Ct. 394 · Massachusetts Appeals Court · Mar 7, 2012

Condominium Assn. v. Board of Appeal of Boston, 426 Mass. 485, 488 (1998). … Aronson v. Board of Appeals of Stoneham, 349 Mass. 593, 595 (1965). Winn v. Board of Appeals of Saugus, 358 Mass. 804, 805 (1970). Paulding v. Bruins, 18 Mass. App. Ct. 707, 711 (1984).

Cardwell v. Board of Appeals of Woburn

61 Mass. App. Ct. 118 · Massachusetts Appeals Court · May 3, 2004

See O’Kane v. Board of Appeals of Hingham, 20 Mass. App. … Milton Commons Assocs. v. Board of Appeals of Milton, 14 Mass. App.